Porn film case: SC grants pre-arrest bail to Poonam Pandey
Jan 18, 2022
New Delhi [India], January 18 : The Supreme Court on Tuesday granted pre-arrest bail to actor and model Poonam Pandey in a case related to a porn films racket also involving Bollywood actor Shilpa Shetty's husband Raj Kundra.
A Bench of Justices Vineet Saran and BV Nagarathna issued notice on the appeal filed by Pandey challenging the November 25, 2021 order of the Bombay High Court which had declined her plea for anticipatory bail.
The Bench said, "No coercive action against the appellant. Issue notice."
Pandey's plea said that her anticipatory bail plea was rejected despite she has participated in the investigation conducted by the police and no offence, even prima-facie, made out against her.
The plea said that she has actively assisted in the investigation and has provided all information as requested by the investigating authorities, however, the High Court has without any basis, rejected the anticipatory bail application.
She said the ingredients of the offence are not made out against her as the contents of the complaint and the FIR do not disclose any offence or attributable to her.
"While the Petitioner is not the owner or business partner in any such, websites or Online Platform, the only allegation against the Petitioner is that some video allegedly portraying the Petitioner is available on the website... In this regard, it is necessary to note that these websites, which allegedly have some videos of the petitioner have already been blocked and disabled by the government of India," the plea stated.
The grievance of the complainant, in the FIR and complaint, is against the online platforms and websites which are showing obscene or lascivious material, the plea said, adding that she has no role to play in either the functioning of the websites or the online platforms.
