IN THE HIGH COURT OF DELHI
Avnish Bajaj v State (N.C.T.) of Delhi (2005) 3 Comp LJ 364 (Del)
The accused is the CEO of Baaze.com, which Company facilitates the sale of any property, for which it receives commission and also generates revenue from advertisement carried on its web page. In the present case, Counsel for the State has argued that the accused was remiss, at the pain of culpability, in not stopping payment through Banking channels after learning of the illegal nature of the transaction. It has been strenuously contended that if bail is not granted it will adversely impact e-commerce, for which India may be the eventual loser. These are not considerations which India may be the eventual loser.
These are not considerations which would prevail or tamper the Courts decision whether to grant or reject bail. Mr. Jaitely, counsel for the petitioner has underscored that in Section 67 of the Information Technology Act, 2000 an offence is committed by a person who publishes or transmits any material which is lascivious or appeals to the prurient or transmits any material which is lascivious or appeals to the prurient interest. Sections 292 and 294 of the Indian Penal Code have also been mentioned which contemplate the selling, letting on hire, distribution pr public exhibition of the absence matter. He has emphasized that the provision does not bring within its sweep the causing of the transmission in contradistinction to the publication of obscene material. Prima facie it has not been established from the evidence that has been gathered till date that any publication took place by the accused, directly or indirectly. The actual obscene recording/clip cannot be viewed on the portal of Bazze.com.
It was held that the accused has actively participated in the investigations, and nothing was even argued before it in contrary by Counsel for the State. The nature of the alleged offence is such that the evidence has already crystallised and may even be tamper proof. Even though the accused is no longer an Indian National, he is of Indian origin with family roots in our country. It cannot possibly be argued that a foreign national is disentitled to the grant of bail The accused is enlarged on bail subject to furnishing two sureties in the sum of Rs. 1,00,000/- each to the satisfaction of the concerned Court/ Metropolitan Magistrate/Duty Magistrate. The Accused shall also not leave the territories of India without the leave of the Court and far for this purpose shall surrender his passport to the Magistrate. It is implicit in the grant of bail that he shall participate and assist in the investigation. The Bail Application stands disposed of.