Lagatar24 Desk
New Delhi, Dec 13: The Supreme Court grants anticipatory bail to businessman and Bollywood actor Shilpa Shetty’s husband Raj Kundra, models Sherlyn Chopra and Poonam Pandey and one Umesh Kamat on Tuesday in a case relating to creating obscene content and showing it on OTT platforms.
A bench of Justices KM Joseph and BV Nagarathna, taking into consideration that the State of Maharashtra did not oppose the application for anticipatory bail filed by the Petitioner, allowed the application and ordered, “Common FIR’s have generated applications seeking anticipatory bail. Anticipatory bail has been denied by the High Court. There were orders of interim protection however. We heard learned counsels. The learned counsel for the respondent state would take the following stand – chargesheets have been filed. All that is required is that in case the court is inclined to grant anticipatory bail it be made clear that the petitioners will cooperate if their presence becomes necessary. Having heard the parties, we say that these are cases where the petitioners should be allowed anticipatory bail subject to conditions imposed by the trial court. In case they are required in the future they should fully cooperate. The trial court should necessarily incorporate this as a condition.”
Since the chargesheet for the primary case had already been filed, the petitioner, according to the petitioner’s attorney, had the right to apply for anticipatory bail. The petitioner in that case had already been freed on ordinary bond following 60 days in custody, it was further asserted. It was asserted that numerous FIRs had been filed as a result of the same movie. Different parties have each filed a separate FIR against the same film. The petitioners are asking the Honorable Court for anticipatory bail as a result.
Raj Kundra was detained in the case in July 2021 and later released on bail. After a woman approached the police and made specific accusations, a FIR was filed against Raj and the other defendants.
The Mumbai Crime Branch received the case as a transfer. In addition to sections of the Information Technology Act and the Indecent Representation of Women (Prohibition) Act, Raj was charged with violating Indian Penal Code sections 420 (cheating), 292 and 293 (relating to obscene and indecent advertisements and exhibitions). Sherlyn Chopra and Poonam Pandey were included as co-accused in the FIR.