Allahabad High Court
VIPIN KUMAR GANGWAR @ RAJAversusSTATE OF U.P. AND 3 OTHERS
- Decided
Holding
The court held that the evidence showing the accused used multiple SIM cards to send obscene, blackmailing messages warranted denial of bail.
Summary
The High Court considered a bail application filed by Vipin Kumar Gangwar in a criminal case involving alleged rape, blackmail, and the sending of obscene messages under sections of the Indian Penal Code and the POCSO Act. The prosecution alleged that the accused, a former neighbour, drugged the victim, repeatedly raped her, and later used multiple SIM cards—some registered in the names of his friend and sister—to send threatening messages demanding sexual relations and extorting money. The investigating officer initially failed to investigate the obscene messages, but later a forensic report from the Moradabad lab could not retrieve data from the implicated phones, raising doubts about the report’s reliability. Despite the applicant’s claim of false implication, the court found the statements of the friend and sister credible, indicating the accused’s use of the SIM cards to blackmail the victim. Consequently, the court declined to grant bail, ordering further inquiry into the forensic report and directing careful future investigation.
Issues considered
- Whether bail should be granted to the accused in view of the alleged rape, blackmail and obscene messages under IPC and POCSO provisions.
- Whether the absence of forensic data retrieval from the accused's mobile devices affects the evidentiary basis for bail.
- Whether the accused's alleged use of multiple SIM cards to send threatening messages justifies denial of bail.
Legislation cited
- Indian Penal Code — s. 123, 351(3), 352, 65(1)
- Protection of Children from Sexual Offences Act — s. 5, 6
Subjects
- bail
- rape
- sexual assault
- POCSO
- obscene messages
- blackmail
- forensic evidence
- investigation negligence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. BAIL APPLICATION No. - 17423 of 2026
Vipin Kumar Gangwar @ Raja
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jitendra Pal Singh, Pradeep Kumar
Singh, Pratik Chandra
Counsel for Opposite Party(s) : Bhavana Mishra, G.A., Ravi Kumar
Mishra
Court No. - 66
HON'BLE ARUN KUMAR SINGH DESHWAL, J.
1. Heard Sri Pratik Chandra along with Sri Jitendra Pal Singh, learned
counsel for the applicant, Sri Rakesh Kumar Mishra, learned A.G.A. for the
State and perused the record.
2. Instant bail application has been filed with a prayer to release the
applicant on bail during the trial in Case Crime No.144 of 2026, U/s 65(1)
123, 351(3), 352 Β.N.S. and Section 5/6 POCSO Act, Police Station-
Sungarhi, District-Pilibhit.
3. As per prosecution story, initially the applicant was a neighbour to the
victim while she was taking coaching at Pilibhit. The applicant offered her
tea having sedative and after consuming tea, victim became unconscious and
after regaining consciousness, she found that she was raped by the applicant.
Subsequently, the applicant had also informed the victim that he had
prepared her obscene video and under the threat of making viral of video, the
applicant kept on committing rape upon her till 2023. Thereafter, in the year
2025, the applicant informed the victim that his mobile had been lost
wherein obscene video was saved and some boys of Nababganj had found it
and they were blackmailing him. They were pressurizing to have
relationship with her and when the victim refused then the victim received
obscene messages from different mobile numbers 7055317644, 7535927324,
6396143683, 7055908913 and the victim was being threatened to have
physical relationship otherwise her video would be uploaded on social
media. It was also mentioned in those messages that in case, the victim is
ready to have physical relationship, she would also be paid money thereafter
BAIL No. 17423 of 2026
2
victim lodged the FIR. The victim also supported the entire prosecution in
her statements recorded under Sections 180 and 183 BNSS.
4. When this matter was taken before this Court on 6th July, 2027 and Court
found that the I.O. of this case has not conducted any investigation regarding
the obscene messages received by the victim from different mobile numbers.
This Court directed the I.O. to appear before this Court on 14.07.2026.
Thereafter I.O. of this case, Akash Tevatia, Sub-Inspector appeared before
this Court and fairly admitted his negligence and submitted that after getting
required permission from the concerned court, he will further investigate the
case. Therefore, the Court permitted him to conduct further investigation
after taking permission from the concerned court.
5. In pursuance of the permission granted by the concerned Magistrate, the
I.O. conducted further investigation, during which it was found that it is the
applicant, who was using sim cards of mobile numbers, mentioned in the
statements of the victim and during investigation, it was also informed by
one Sumit (friend of the applicant) that two sim cards bearing nos.
7055317644 and 7535927324 were issued on his Aadhar Card and the same
were taken by the applicant. Similarly, the sister of the applicant Seema also
informed the police that the present applicant after getting sim card bearing
no.6396143683 in his name, had been using the same in his mobile. It was
also found during investigation that the present applicant also obtained new
sim card bearing no. 7055908913 on his Aadhar Card. These sim cards were
used to send obscene messages to the victim and these message were also
produced before the court on 11th August, 2026. Matter was posted for
today to submit the FSL report regarding the data retrieved from the mobile
numbers mentioned in the statement of victim, which were used to sent
obscene messages.
6. FSL report was produced by I.O. through compliance affidavit, which is
taken on record.
7. As per FSL report prepared by Forensic Science Laboratory, Moradabad,
the mobile data and chat could not be retrieved from the mobile Nos.
7055317644, 7535927324, 6396143683, 7055908913.
8. It is very surprising that once the hard copy of the screen shot messages
and WhatsApp chats are available in the case diary and that has been
produced before the Court, the FSL, Moradabad could not retrieve the chats
BAIL No. 17423 of 2026
3
and data from the mobile phones used in the present case. This casts doubt
over the FSL, Moradabad.
9. Therefore, ADG (Technical), Police Headquarter, Lucknow is directed
to conduct an inquiry against the Officer, who has/have prepared the FSL
report dated 10.08.2026 and take appropriate action in accordance with law.
10. Learned counsel for the applicant submitted that the applicant has been
false implicated and she was in relationship with the applicant from 2018 to
2023. Thereafter, there was no relationship with the applicant and the victim.
However he could not dispute the fact that obscene messages were sent
through mobile numbers mentioned in the statements of victim. It is further
submitted that FSL report does not show recovery of any data as well as
WhatsApp chats between these four mobile number and mobile numbers of
the victim. Therefore, the applicant is entitled to be released on bail. In case,
he is granted bail, he will not misuse the liberty of bail and would cooperate
in the trial proceedings.
11. On the other hand, learned A.G.A. for the State vehemently opposed the
prayer for bail.
12. Considering the submissions of learned counsel for the parties and taking
into account the fact that during investigation, it is clear from the statement
of Sumit (friend of applicant) as well as Seema (sister of the applicant) that it
is the applicant, who used four different sim cards, two of them issued in the
name of Sumit and one in the name of Seema and one in the name of the
applicant himself to send obscene messages to the victim to blackmail her to
establish physical relationship and tried to compel her in the business of
prostitution, therefore this Court is not inclined to grant bail to the applicant.
13. Accordingly, the present bail application is rejected.
14. Registrar (Compliance) is directed to send a copy of this order to the
ADG (Technical), Police Headquarter, Lucknow for compliance of
paragraph No.9.
15. I.O. of this case is directed to be careful in future while conducting the
investigation.
September 8, 2026/A.Kr.
(Arun Kumar Singh Deshwal,J.)
Digitally signed by :-
AJAY KUMAR
High Court of Judicature at Allahabad
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