The Bombay High Court has rejected the anticipatory bail application filed by businessman Raj Kundra in relation to an FIR registered against him by the Mumbai Police in the porn film racket case..The verdict was pronounced by Justice Nitin Sambre on Thursday after it was reserved on Wednesday. The reasoned order will be dictated and uploaded shortly..Kundra was booked under Sections 292, 293 (sale of obscene material) of the Indian Penal Code, Sections 66E, 67, 67A (transmission of sexually explicit material) of the Information Technology Act, and provisions of the Indecent Representation of Women (Prohibition) Act..Seeking anticipatory bail before the Bombay High Court, Kundra submitted in the plea filed through Advocate Prashant Patil that he was falsely implicated in the case even as the Cyber Cell was making an attempt to connect him with the crime..During the hearing, Senior Advocate Shirish Gupte argued that there is not a single iota of evidence with the prosecution to connect the Hotshots app with the offences alleged, as none of the actresses that were called in as accused in the case had raised any grievance.On charges pertaining to Section 67A, which has the highest punishment, Gupte stated that the only allegation against him was regarding the videos of actresses Sherlyn Chopra and Poonam Pandey, co-accused in the case. The videos may be erotic but do not involve any physical/sexual activity or show both persons engaged in sexual relations. Further, Kundra is in no way connected to the content creation, publication or even transmitting the said videos, he submitted. It was further contended that as conceded by the prosecution, the video was shot by the artists who admittedly gave full consent and understanding without any coercion..Opposing the plea, Additional Public Prosecutor submitted that the role of Kundra in the case was different from the other accused in the case. .While rejecting the bail applications, Justice Sambre extended the interim protection from arrest by 4 weeks to enable Kundra to take further legal steps. .Kundra was recently arrested by the Mumbai Police in another porn film case of 2021 in July. He was granted bail by the Chief Metropolitan Magistrate at Esplanade, Mumbai in September after the Mumbai Police filed a detailed supplementary chargesheet against four persons, including Kundra.His plea assailing his remand to custody and the subsequent orders of the Metropolitan Magistrate in the porn film racket case was dismissed by the Bombay High Court on August 7, 2021.
The Bombay High Court has rejected the anticipatory bail application filed by businessman Raj Kundra in relation to an FIR registered against him by the Mumbai Police in the porn film racket case..The verdict was pronounced by Justice Nitin Sambre on Thursday after it was reserved on Wednesday. The reasoned order will be dictated and uploaded shortly..Kundra was booked under Sections 292, 293 (sale of obscene material) of the Indian Penal Code, Sections 66E, 67, 67A (transmission of sexually explicit material) of the Information Technology Act, and provisions of the Indecent Representation of Women (Prohibition) Act..Seeking anticipatory bail before the Bombay High Court, Kundra submitted in the plea filed through Advocate Prashant Patil that he was falsely implicated in the case even as the Cyber Cell was making an attempt to connect him with the crime..During the hearing, Senior Advocate Shirish Gupte argued that there is not a single iota of evidence with the prosecution to connect the Hotshots app with the offences alleged, as none of the actresses that were called in as accused in the case had raised any grievance.On charges pertaining to Section 67A, which has the highest punishment, Gupte stated that the only allegation against him was regarding the videos of actresses Sherlyn Chopra and Poonam Pandey, co-accused in the case. The videos may be erotic but do not involve any physical/sexual activity or show both persons engaged in sexual relations. Further, Kundra is in no way connected to the content creation, publication or even transmitting the said videos, he submitted. It was further contended that as conceded by the prosecution, the video was shot by the artists who admittedly gave full consent and understanding without any coercion..Opposing the plea, Additional Public Prosecutor submitted that the role of Kundra in the case was different from the other accused in the case. .While rejecting the bail applications, Justice Sambre extended the interim protection from arrest by 4 weeks to enable Kundra to take further legal steps. .Kundra was recently arrested by the Mumbai Police in another porn film case of 2021 in July. He was granted bail by the Chief Metropolitan Magistrate at Esplanade, Mumbai in September after the Mumbai Police filed a detailed supplementary chargesheet against four persons, including Kundra.His plea assailing his remand to custody and the subsequent orders of the Metropolitan Magistrate in the porn film racket case was dismissed by the Bombay High Court on August 7, 2021.