ISLAMABAD: The Islamabad High Court (IHC) on Monday dismissed the bail petition of a suspect who allegedly uploaded his former friend’s objectionable photos on social media and also sent them to her father, husband and other acquaintances.

The court observed that such practices had become common and the accused was not entitled for relief in such heinous crimes.

The accused was seeking bail after arrest in a case that was registered under Prevention of Electronic Crimes Act.

As per the FIR, the accused unauthorisedly captured/recorded objectionable pictures of his former friend, publicly projected them through WhatsApp accounts and sent them to her father and husband, thus disgracing and destroying the modesty of the complainant among her family members and relatives.

The counsel for the accused contended that his client was innocent as no evidence was available against him. He went on to say that the case had been registered with mala fide intentions and ulterior motives.

On the other hand, the assistant attorney general stated that sufficient evidence was available against the accused as he had committed a heinous crime which was against society.

The assistant attorney general said the accused had been nominated in the FIR, therefore was not entitled for grant of bail after arrest.

The court noted that the accused had committed a heinous crime by sending sexually explicit pictures of the complainant to her father, husband and friends as well as posting them on Facebook. The FIA has collected sufficient incriminating evidence against him.

Technical analysis expert’s report was available on record which showed that the accused had committed the aforementioned crime.

Justice Tariq Mahmood Jahangiri observed that the “offence has become very common in the society where girls send their objectionable pictures to boys/friends but when there is a breakup, boys share the objectionable pictures with the girls’ family members and friends and post them on Facebook. This, the judge said, was a very heinous crime as such pictures become a stigma for the girls and in many cases their family lives were destroyed.

The judge further said that there were instances where girls had committed suicide, therefore, the accused committing such offences were not entitled for any leniency.

Justice Jahangiri cited various judgements where the bail plea was dismissed by the superior courts in similar cases.

“I am clear in my mind that the petitioner has failed to make out his case for grant of bail on the ground of further inquiry as envisaged under section 497(2) CrPC, consequently, the instant bail petition stands dismissed,” he added.

Published in Dawn, March 26th, 2024