Zain-ul-Abideen Shah vs State S — 2025 YLR 1854 KARACHI-HIGH-COURT-SINDH

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Zain-ul-Abideen Shah VS State S. 497---Prevention of Electronic Crimes act (XL of 2016), Ss. 20, 21, 22 & 24---Penal Code (XLV of 1860), S.109---Harassing, threatening, blackmailing and the unauthorized dissemination of obscene images and videos of complainant via social media, abetment---Bail, refusal of---allegations against the applicant pertained to blackmail, threats and the unauthorized dissemination of obscene images and videos of complainant via social media platforms---During the course of the investigation, the applicant was apprehended by the FIa police and a VIVO mobile phone, linked to Whatsapp account number +923154528831, was seized---Said device was forwarded to the Forensic Laboratory, the findings of which substantiated the complainant's allegations---Said Whatsapp number was admittedly registered in the applicant's name---allegations levelled against the applicant were of a grave nature, involving a blatant violation of the victim's dignity and privacy---Digital evidence gathered prima facie established the applicant's involvement in the un-authorized dissemination of obscene material---act of distributing explicit content online had far-reaching consequences, not only for the victim but also for her immediate family members, subjecting them to profound psychological distress---Such acts could not be overlooked by the Courts in cases of that nature---Delay in lodging the FIR held no merit, as delayed in such cases were a common occurrence---Victims often refrain from reporting such incidents immediately due to fear and concern regarding their modesty---Present case exemplified a situation where judicial prudence demanded caution in the grant of bail---Permitting bail in such instances may establish an adverse precedent, potentially deterring victims from reporting similar offences in the future---Possibility of the applicant tampering with digital evidence or intimidating the victim could not be ruled out---Bail application was dismissed, in circumstances.

Zain-ul-Abideen Shah vs State S — 2025 YLR 1854 KARACHI-HIGH-COURT-SINDH

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