Voices. Verdicts. Vision

Voices. Verdicts. Vision

Delhi Court denies Anticipatory Bail to Ajaz Khan in Obscene Content Case under IT Act and BNS

State v. Ajaz Khan [August 05, 2025]

The Additional Sessions Judge (Special Judge, Electricity Court-02), Tis Hazari, Delhi, dismissed an anticipatory bail application filed by actor Ajaz Khan in connection with FIR No. 41/2025 registered at Cyber Crime Police Station, Central. The FIR involves alleged offences under Section 79 of the Bharatiya Nyaya Sanhita (BNS) and Section 67 of the Information Technology (IT) Act, relating to the publication and circulation of obscene and sexually explicit content online.

The complainant alleged that Ajaz Khan had uploaded offensive reaction videos targeting her and her daughter. During arguments, the prosecution played the alleged video, while the defence countered by showing a video where the complainant’s son had allegedly provoked Khan.

The Court took note of the seriousness of the allegations, particularly the non-bailable nature of Section 67 of the IT Act, and the pending recovery of the digital devices used to circulate the objectionable content. It was also observed that the applicant failed to join the investigation despite two notices. While the defence cited Supreme Court judgments to support the plea, the Court found them inapplicable to anticipatory bail in the given context.

Rejecting the plea, the Court emphasized that custodial interrogation was necessary for collecting digital evidence, and ruled that no protection could be granted at this stage. The order clarified that the observations made are not to be construed as comments on the merits of the case.

Counsel for the Complainant: Ankit Gupta and Mithil Malhotra, Adv.(s).

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