Punjab and Haryana High Court grants anticipatory bail to man accused of sharing his wife's obscene videos with his extra-marital partner

The Punjab and Haryana High Court in a May 12 order granted anticipatory bail to a man accused of sharing with his extra-marital partner, obscene videos and photographs of his wife..Justice Gurbir Singh passed the order while reasoning that since the sexually explicit content was not shared to the general public, the prosecution's case was not made out. "Since the allegations against the petitioner-husband is that he prepared the obscene video and photographs of the complainant (his wife) and the said video and photographs were circulated by extra-marital lover to the complainant’s phone and it is not the case of the prosecution that the said photographs or video were circulated amongst the general public, so, petitioners are entitled for grant of anticipatory bail," the order reads.The single-judge also granted anticipatory bail to the husband's extra-marital partner. .The two had been booked under the Information Technology Act for allegedly sharing obscene videos and photos of the complainant. The complainant wife had earlier lodged a first information report (FIR) against her husband and in-laws for cruelty.The complainant alleged that her husband's extra-marital partner was blackmailing and threatening her..The counsel representing the extra-marital partner submitted that she neither published nor transmitted the video and she was unnecessarily being dragged into a matrimonial dispute between the couple..Taking into consideration the facts of the case, the Court noted that after the FIR was registered, the investigation officer formed an opinion that the petitioner made the video and took the photographs in connivance with his extra-marital partner. "Notices were issued to the petitioners under Section 41-A Cr.P.C., but the petitioners failed to join investigation. But there is nothing on record that they were properly served," the Court added. .Therefore, the Court granted anticipatory bail to the petitioners on the condition that they would hand over their mobile phones to the police and join the investigation..Advocate Varun Chhibba and Manmeet Singh Bindra appeared for the petitioners.AAG Himani Arora represented the State government. Advocate Harish Sharma appeared for the complainant. .[Read Order]