Porn Movie Racket Case : Supreme Court Grants Pre-Arrest Bail To Gehana Vasisht In 3rd FIR

The bench of Justices SK Kaul and BR Gavai while issuing notice in the Special Leave Petition filed by Vasisht , stayed the Bombay High Court's order of rejecting her anticipatory bail petition. Taking into consideration that the main accused Raj Kundra was already on bail, the Supreme Court in their order observed that,

"Counsel for petitioner submits that this is 3rd FIR of the same nature & applicant has already been in custody for 133 days. Main accused is already on bail. Issue notice & in the meantime let the petitioner not be arrested."

Appearing for Gehana Advocate Ajit Pravin submitted that the prosecution considered that Gehena's custodial interrogation was necessary since it needed to investigate as to which other OTT Platforms/apps, she has sold the content.

"First two FIR's were on an identical scenario. First was based on the tip that was received. Chargesheet has been filed in 1st & 2nd FIR. Petitioner was in custody for 133 days and since the entire incriminating material was seized in January 2021, it will not lead to discovery or recovery of new material," Gehana's counsel further submitted.

The Bombay High Court bench of Justice Sandeep K Shinde on September 7, 2021 while rejecting Gehana's pre arrest bail observed that,

"The allegations in the complaint, prima facie constitute the 'exploitation' within the meaning of explanation 1, which includes, sexual exploitation in any form."

The High Court while taking into consideration that a large conspiracy appeared to have been hatch in making pornographic material and that the aspiring actress was pushed to engage in the sexual acts also observed that,

"Obviously, the allegations suggest involvement of many persons on the screen and on off the screen. The offence under Section 370 is punishable with rigorous imprisonment for a term, which is not less than seven years, but which may extend to ten years and fine. Besides, the offence under Section 67-A of the Information Technology Act refers to publishing or transmitting obscene material in Electronic Form for where punishment for first conviction is imprisonment which may extend to five years and fine and in the event of second or subsequent conviction imprisonment may extend to seven years. The allegations do constitute grave offence."

On July 30, the Crime Branch booked a 3rd FIR against her under sections 354C (outraging modesty of a woman), 292, 293 (sale of obscene material) under the Indian Penal Code, Sections 66E, 67, 67A (transmission of sexually explicit material) under the Information Technology Act and provisions of the Indecent Representation of Women (Prohibition) Act. Later her crime was transferred for investigation to DCB CID.

The main accused in the case, Raj Kundra, was granted bail by a Sessions Court in Mumbai on Monday, after nearly two months of custody.

Case Title: Gehana Vasisht v State of Maharashtra