The Punjab High Court, on 5th January, 2023, in Sunil Kumar Chauhan v/s State of UT (CRM-M-56637-2022), denied bail to the petitioner on the basis of the grievance of the crime. The judgement was presided by Honourable Mr. Justice Anoop Chitkara.
FACTS OF THE CASE:
Under Section 439 of the Code of Criminal Procedure, the petitioner sought bail before the court, which was turned down. The complainant informed the police of receiving a URL which led to a Hugo loan application page. On clicking the URL, a pop-up to access all the pictures on the phone and contacts appeared, and the complainant allowed access to the same. The application availed him a loan of ₹3,500 which the complainant turned down and subsequently received threats calls and through WhatsApp regarding his private pictures. The complainant put forth that the pictures were sent to his family members and there was a constant blackmail for money. Later, he was asked to transfer the money and was threatened of the pictures being uploaded on social media platforms. Thereby, the complainant transferred the said money but continued to be threatened of more money followed by the threat of social media.
JUDGEMENT:
The court held the petitioner for running the racket of a fake loan app under the pretext of offering easy loans and then blackmailing the users by misusing their personal information. After accessing the personal gallery and other details of the users, a loan amount of peanuts is offered, which on refusal is followed by blackmailing the users of their intimate pictures. The blackmailers, initially demand as per the person’s paying capacity and the victims obliges in fear of being exposed amidst friends and family.
The court observed the loopholes in the identification and procurement system of Aadhar and SIM cards as the petitioner was successful in obtaining a SIM card and also a bank account on another’s name. The court quashed the petition and held that and denied bail, given the seriousness of the crime.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
