The Madhya Pradesh High Court Single Judge-Bench of Justice Devnarayan Mishra while hearing an application for anticipatory bail, directed an alleged rape case accused to hand over his electronic gadgets and social media passwords to the investigation agency.

“Applicant is directed to cooperate with the investigating agency and shall submit all the documents and intimate photographs of victim that are in his possession to the investigating agency and victim too. Applicant shall also handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation and if any objectionable material is found, it shall be hand over to the victim and agency. Investigating agency shall return all the gadgetsof applicant after receiving/taking data from digital peripheral devices positively,” the court stated.

The Advocate for the accused submitted that the accused and the victim, both engineers and adults, were in a consensual relationship from 2010 to 2018, after which the accused moved to Bangalore, and they had no contact. A First Information Report (FIR) was filed on December 10, 2024, under Section 376(2)(n) of the IPC. The accused sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 438 of the CrPC, 1973.

Thus given the circumstances it was argued that that prima facie case against the accused cannot be established. Hence, he should be granted anticipatory bail.

Whereas the counsel for the complainant opposed the anticipatory bail plea, contending that the accused had violated the victim’s privacy over several years under the false pretext of marriage. Despite promising to marry her multiple times which he later refused, making it a clear case of breach of privacy, punishable under Section 376(2)(n) of the IPC. Therefore, the counsel contended that the bail plea should be rejected.

The State’s counsel further asserted that apart from breaching the victim’s privacy, the accused had also shared her photographs within his social circle, necessitating custodial interrogation.

After reviewing the facts and arguments presented, the court noted that both individuals were in a long-term relationship from 2010 to 2018, during which no privacy violations were reported. The FIR was registered in 2024, and both parties were adults.

In light of the observations made above, the court granted anticipatory bail without commenting on the case's merits. The Court directed the accused to furnish a personal bond of ₹50,000 with one surety of the same amount. As bail conditions, he had to cooperate with the investigation, submit all documents and intimate photographs of the victim, and surrender his electronic gadgets along with social media passwords. Any objectionable material found would be handed over to the victim and authorities. The investigating agency was directed to return the devices after extracting relevant data. The accused was also required to comply with Section 482(2) of BNSS.

Case Title: Tej Narayan Sharma Versus The State Of Madhya Pradesh, Misc., Criminal Case No. 2736 Of 2025

Advocate For Petitioner: Shri Qasim Ali

Advocate For Objector: Shri Pratyush Tripath

Government Advocate For State: Shri B.K. Upadhyay