Mumbai, June 21, 2022 – In a ruling that sheds light on the complexities of cases involving digital content and alleged sexual exploitation, the Additional Sessions Judge Smt. A. B. Sharma granted bail to Mitulkumar Dahyabhai Patel, accused in a case involving the production and distribution of adult content under the guise of a web series. The decision, delivered on June 20, 2022, hinged on the court’s assessment of Patel’s limited role as described in the First Information Report (FIR).

Patel, the fifth accused in Crime No. 66 of 2021 registered with the DCB-CID Police Station, was facing charges under various sections of the Indian Penal Code (IPC), the Information Technology (IT) Act, and the Indecent Representation of Women (Prohibition) Act,¹ 1986. The charges included sections related to obscenity, cheating, rape, and the publication or transmission of sexually explicit material.

The prosecution’s case stemmed from a complaint filed by an actress who alleged that she was lured under the pretext of a role in a web series and subsequently coerced into performing sexual acts that were filmed and uploaded on the NUEFLIKS website. According to the FIR, the actress was contacted by Mr. Ajit, who introduced her to Mr. Naresh and Mr. Mitul (Patel), claiming they could secure her a role. The actress was then taken to a bungalow in Madh Island, where she was allegedly forced into non-consensual sexual acts involving other individuals, including three dwarf men and a male actor, Akash, under the direction of Gehana Vasisht, the alleged producer/director.

Patel’s involvement, as per the FIR, was limited to his introduction by Mr. Ajit as a casting agent who could facilitate roles in web series. The FIR did not specify any direct participation by Patel in the alleged coercion or filming of the sexual acts.

Patel, through his advocate Jainesh Mishra, sought bail under Section 439 of the Code of Criminal Procedure (CrPC), arguing that he was falsely implicated and that the FIR did not assign any direct role to him in the alleged offenses. He asserted his innocence, lack of criminal antecedents, and permanent residency in Mumbai. He also emphasized that he was ready to abide by any conditions imposed by the court.

The prosecution, represented by Additional Public Prosecutor (APP) Kalpana Hire, opposed the bail application, citing the seriousness of the offenses and the potential for Patel to tamper with evidence or threaten witnesses. They also raised concerns about Patel not being a permanent resident of Maharashtra and his connections with other accused.

After reviewing the prosecution’s case and the arguments presented, the court observed that while serious allegations were leveled against the co-accused, Patel’s prima facie role, as described in the FIR, was limited to the sharing of the victim’s mobile number. The court noted that his earlier bail application was rejected when the investigation was ongoing, but now that the charge sheet had been filed and the investigation was complete, there was no justification for keeping him in custody, especially considering the trial would take time to conclude.

“After going through the Prosecution case and argument advanced, it appears that there are serious allegations against the co-accused. Prima facie role of the applicant is shown that Mr. Ajit has share mobile number of the victim with the accused only. As per the FIR, no active participation of this applicant / accused is seen at this stage. The earlier bail application of the accused was rejected on the ground that the investigation was in progress. Now investigation is completed and the charge sheet is filed, but the trial will take time to conclude on merit. The accused is behind the bar since his arrest, now nothing has to be recovered from the accused. Therefore, no useful purpose would be served by keeping the accused behind the bar,” Judge Sharma stated in her order.

Addressing the prosecution’s concerns about Patel fleeing justice, the court imposed stringent conditions for his bail. Patel was granted bail upon furnishing a personal bond and surety bond of Rs. 30,000 each. He was directed to visit the DCB-CID Police Station once a week, every Monday, between 4:00 PM and 6:00 PM, until the conclusion of the trial, and to maintain a diary of his visits. He was also prohibited from leaving India without prior court permission, required to submit proof of his residential address, phone number, Aadhaar Card, and Election Card, and instructed not to tamper with evidence or witnesses.

Additionally, Patel was ordered not to engage in any criminal activity, not to induce, threaten, or promise any person acquainted with the case, and to attend all court hearings. He was also barred from visiting the residences of prosecution witnesses or contacting them. The court granted provisional cash bail for eight weeks.

The order, dictated on June 20, 2022, and signed on June 21, 2022, was uploaded at 3:40 PM on June 21, 2022, as certified by stenographer Y.M. Sakharkar.

This ruling highlights the judiciary’s approach in assessing individual roles in complex criminal cases and the importance of adhering to procedural norms while balancing the rights of the accused with the imperatives of justice.