MRS. RASHIDA ASAD, J.---Through instant bail application, applicant/accused Tariq Liaquat Ali Khan seeks post arrest bail in crime No. 09/2019 under sections 16, 20, 21 of Prevention of Electronic Crimes Act, 2016 read with sections 419/109, P.P.C., registered at P.S. F.I.A. Cyber Crime Circle, Karachi. His earlier two bail applications were dismissed by the learned 1st Judicial Magistrate, West and learned IX-Additional Sessions Judge, West vide orders dated 24.06.2019 and 04.07.2019 respectively .
2. Allegations against the applicant/accused as per aforesaid FIR lodged on 22.05.2019 at 1800 hours by the complainant namely Owais Khan are that he, was ex-fianc of complainant's sister and after breaking off engagement, in 2017, continuously threatening and defaming the family by making fake facebook ID's with different names and by uploading her personal pictures from those IDs. He also transmitted the edited pictures of his sister , father and brothers and sent them to his family and friends from his personal facebook ID i.e. Tariq Khan Khattak ULR http://m.facebook.com/story .php2storyfbd 30706825881 and id = 100025681 11981 1 htpp://www .facebook.com/ story php2story fbid = 2262123207441388&id = 100000931 1916214 and www .facebook.com/malikimranali.5245961. He also sent some edited pictures through Whatsapp from cell phone numbers 0345-5464548, 0333-8336309, 0301-5442590 and 0345-5998828. Besides, he also dispatched hard copies of photoshopped objectionable pictures of his sister through courier to her husband and in-laws including edited (Porn) picture of his (Complainant's) father as well.
3. Learned counsel for the applicant/accused has contended that the applicant is innocent and has been falsely implicated in the FIR by the complainant with mala, fide intention and ulterior motives due to previous enmity; that the applicant/accused has minimal knowledge of Internet and never uploaded any picture of complainant's family at any site; that no evidence is available on record establishing the actus-rea and mens rea of the applicant with respect to commission of alleged offence and hence the applicant is not in any manner whatsoever connected with commission of the offences. He has further contended that complainant is cousin of applicant and his sister was erstwhile fiance of the applicant, however , the engagement was broken by the applicant himself due to some family disputes, resulting lodgment of instant FIR for taking revenge from the applicant; that the alleged offences do not fall within the prohibitory clause of section 497(1), Cr.P.C.; hence prayed for release of the applicant/accused on bail.
4. On the other hand, learned Assistant Attorney General Pakistan assisted by Mr. Shaham Hafeez Khan, Investigating Officer, Cyber Crime Circle, FIA, Karachi and Mirza Tanveer Ahmed , Law Officer, FIA Cyber Crime Wing, Karachi has vehemently opposed the grant of bail to the applicant, on the ground that the applicant has maligned the honour and prestige of the complainant and his family in the society by uploading her edited private objectionable/indecent pictures thereby causing character assassination and damage to reputation of complainant's sister as well as his family members; that sufficient technical/incriminatory evidence is available on the record connecting the accused with the crime. In support of his contention, he has placed reliance on the case reported in 2018 YLR 329 . He has also filed certain documents ascertained from Facebook and P .T.C.L.
5. I have considered the arguments advanced by the learned counsel for the applicant/accused, learned Assistant Attorney General for the State as well perused the record. Though at bail stage the deeper appreciation of evidence/material placed on record is not permitted and the Court has to form its opinion on tentative assessment of record; however , the bail application cannot be decided in vacuum rather a bird's eye view is required to be taken. It appears that after receiving the complaint, a request was sent to the Facebook authorities by the FIA by Cyber Crime Circle, Karachi for providi ng I.D. login of applicant/accused. In response thereof the Facebook authorities provided the cell phone, numb er of accused with facebook ID information/details on their pattern format including creation date of the ID, the ID creation email/ cell number and the IP address and log activity i.e. i.
39.50.125.213.26/03/2019 23:07:29, ii. 9.50.125.213.26/03/2019 22:50:02, iii. 39.50.75.129.25/03/2019 21:21:13 and iv. 39.50.1 16.41.24/03/2019 17.58.40. Since the said IP belonged to PTCL (Pakistan Telecommunication Corporation Limited), a request was also made to ISP-PTCL (Internet Service Provider) for obtaining subscriber details. In response, the concerned ISP provided subscriber information i.e. name, address CNIC phone number etc. The subscriber information of the cell phone 0345-5464548 (Telenor) and 03338330309 (U-Phone) revealed that both were registered in the name of Tariq Ali Khan (the accused) resident of House No. 884, Model Town Hunak, F8/4 Islamabad CNIC No.61 101-8823288-9. Later the accused was arrested on 14.06.2019. Hence, prima- facie prosecution has sufficient material against the accused to connect him with the commission of alleged offence.
6. Although, the offences charged do not fall within the prohibitory clause of section 497, Cr.P.C. being punishable up to five (05) years, but in such like cases the grant of bail is not a right of the accused but a concession and since the accused is prima facie involved in a case against dignity and modesty of a person, he is not entitled to the concession of bail simply for the reason that he is connected with such offence, which seriously affect the whole society and impact of this crime not only devastating for the complainant's family but ruined the future life of the victim. The advancement in technology and its advantages are obvious aid considered to be a valuable addition to civilization. Education, work and leisure are all progressively becoming dependent on being able to interact with technology . However , cyber space is becoming dangerous and has opened doors to cyber criminals and mostly woman is targeted for cyber stalking, harassment, extortion, blackmailing etc. In our country women are mostly unaware about privacy policies and safety tips for using social media sites. Moreover , cyber crimes overwhelming under reported due to associated stigma and propensity of parents/families to not involve police/FIA in such matter .
Massive awareness needs to be created among women and children regarding the safe use of cell phones, computer and internet.
7. For the foregoing facts and reasons, the accused is not entitled to the concession of bail; therefore, this application is dismissed, accordingly .
8. Above are the reasons of my short order dated 12.09.2019, whereby the insta nt criminal bail application was dismissed.