Husband and Extra-Marital Partner Secure Anticipatory Bail in Obscene Video Sharing Case of Wife

On May 12, the Punjab and Haryana High Court issued an order granting anticipatory bail to a man accused of sharing obscene videos and photographs of his wife with his extra-marital partner. 

Justice Gurbir Singh passed the order, reasoning that since the sexually explicit content was not shared to the general public, the prosecution’s case was not made out.

The single-judge bench also granted anticipatory bail to the husband’s extra-marital partner. 

The two had been booked under the Section 67 and Section 67-A 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. She 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. However, there was nothing on record that they were properly served.

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.

The order issued by the Court was clear in its ruling that since the allegations against the petitioner-husband were that he prepared the obscene video and photographs of the complainant and the said video and photographs were circulated by extra-marital lover to the complainant’s phone and it was not the case of the prosecution that the said photographs or video were circulated amongst the general public, the petitioners were entitled for grant of anticipatory bail.

The Court’s ruling was a significant step in the case, as it granted anticipatory bail to the petitioners and provided them with the opportunity to hand over their mobile phones to the police and join the investigation. This ruling will serve as a precedent for future cases involving similar allegations.