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Synopsis

A Sessions Court in Mumbai has denied anticipatory bail to Rakhi Sawant in a case registered by her ex-husband Adil Durrani.

Sessions Court Judge Shrikhant Bhosale was hearing a pre-arrest bail plea moved by Sawant after an FIR was registered against her for allegedly circulating explicit videos of Durani.

Sawant was booked under sections 500 (defamation) and 34 (common intention) of the Indian Penal Code and Section 67A (publishing sexually explicit material in electronic form) of the Information Technology Act.

It was alleged that Sawant had played the said explicit video of Durani on a TV Show. Further, it was alleged that Sawant circulated the video on WhatsApp groups and also transmitted the videos by sharing the links.

Sawant approached the Sessions Court through Advocate Ali Kaashif Khan, contending that Durrani did not inform the police that the video was shot on his phone.

Earlier, the Sessions Court had granted interim relief to Sawant and granted protection from arrest to her.

Additional Public Prosecutor RC Salve submitted that the police were still investigating the source of the video when it was circulated and that there was another co-accused as well who was being investigated by the police.

The Sessions Court, in its order, noted that Sawant already had a criminal antecedent in a case registered against her under Section 67A of the IT Act.

The judge noted that anticipatory bail is the discretion of the court and it can be granted or refused based on the facts of each case.

“The relief of anticipatory bail is within the discretion of the Court and the Court has to grant or to refuse the said relief considering the facts and circumstances of a particular case. Having discussed the allegations and the facts and circumstances of the case I am of the view that this is not a fit case to grant relief of anticipatory bail," the order reads. 

Case title: Rakhi Sawant vs State of Maharashtra