"Being made a scapegoat:" Raj Kundra moves Bombay High Court for anticipatory bail in 2020 porn film FIR

Businessman Raj Kundra has moved the Bombay High Court seeking anticipatory bail in connection with a First Information Report (FIR) of 2020 which has charged certain online platforms of publishing obscene videos..Kundra is already in custody in relation to a 2021 FIR registered for similar offences. .The October 2020 FIR was registered on a complaint by a retired custom and central excise officer to the Cyber Crime department of Mumbai Police in connection with broadcasting of nude erotic content on OTT platform. .The offences arraigned in the FIR were Sections 292, 293 (sale of obscene material) under the Indian Penal Code, Sections 66E, 67, 67A (transmission of sexually explicit material) under the Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act..Kundra submitted that he was falsely implicated in the case while the Cyber Cell was making an attempt to connect him with the crime. .Kundra submitted that one Saurabh Kushwa insisted that Kundra invest in his venture which is engaged in providing digital platform to celebrities, artists, creators to engage with their fans. Kundra invested in the venture as a sleeping partner but was associated between February 2019 to December 2019 only. He submitted that one of the applications created by the venture was Hotshots which till date had nothing to do with pornography or contents which are within the purview of an offence. .He submitted there is not a single iota of evidence with the prosecution to connect Hotshot app with the offences alleged as none of the actresses that were arraigned as accused in the case had raised any grievance. "It is only now, for the reasons best known to the investigative agencies, the applicant (Kundra) is being made a scapegoat," the application stated. .Kundra was arrested in a similar FIR of 2021 registered by the Crime Branch with similar offences. The allegations in the chargesheet filed in the 2021 case and the present FIR are identical, he said, causing him apprehension of arrest in the present case as well. .Kundra claimed to have appeared before the police when he purportedly submitted of not having links to the alleged offence, as he had exited from the company.He also submitted to the police all relevant documents about the investments made and his exit from the company.He stated that at this juncture custodial investigation is not required and he is willing and ready to co-operate with the police. .Kundra moved the High Court after a Mumbai Sessions Court recently rejected his anticipatory bail application. .Mumbai Court dismisses anticipatory bail application of Raj Kundra in porn film case.The High Court had also recently dismissed his plea assailing his remand to custody and subsequent orders of the Metropolitan Magistrate in another FIR in the porn film racket case.