Sherlyn Chopra Approached The Mumbai Sessions Court Seeking Anticipatory Bail In The Porn Racket Case

ARGUMENTS BY DEFENCE

• While appearing on behalf of Chopra, Advocate Siddesh Borkar alleged that the FIR, on whose basis Chopra is suspected to be arrested, was filed in February 2021.
• The arrest was registered under Sections 67, 67A, 292, 293 of the IPC and the sale under provisions of the IT Act and Indecent Representation of Women (Prohibition) Act.
• Borkar also provided that Chopra was served with summons notice under Section 160 of the Code of Criminal Procedure to record her statement as a witness in that case.
• Borkar further argued that the other accused were arrested without being served any notice under Section 41A of the CrPC and Chopra had also anticipated the same.
• He further submitted that Chopra was not aware of the facts present in the FIR as a copy of the FIR was not provided, nor was she informed about the specific charges that were levelled against her.

ARGUMENTS FOR ANTICIPATORY BAIL

• Relying upon two facts, Borkar argued for the anticipatory bail.
• According to principle of natural justice, Chropa has authorization to know the full details of case before the Inquiry Officer has an opportunity to present his case.
• As the evidence was in electronic form, her custody would not be required. Thus, her detention was unwarranted.

ARGUMENTS BY PROSECUTION

• After hearing the defence attorney, the prosecution assured the Court that Chopra was only called to record her statement.
• To this, Borkar alleged that Chopra was willing to cooperate with the investigation, but as others were arrested, she also feared arrest.

OBSERVATIONS BY COURT

• On Tuesday, the Additional Sessions Judge Sonali Agarwal, heard the matter.
• She posted the matter for further hearing on July 29, 2021.

Do you think she should be granted the anticipatory bail?