Allahabad High Court Rejects Bail for Man Accused of Blackmailing Woman With Obscene Photos, Orders Mental Health Check

The case involved a woman who was blackmailed by the accused using obscene photographs. The accused threatened to make these images public unless she complied with his demands. The victim filed an FIR under multiple sections of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act.

The Allahabad High Court, while hearing the bail application under Section 484 BNSS, observed that the accused’s behavior indicated a possible mental disorder. The court directed the jail authorities to conduct a mental health check and submit a report before the trial proceeds.

Key BNS Sections Applied

• Section 64(1) BNS – Blackmail/Threatening to cause injury
• Section 74 BNS – Publicly displaying obscene images
• Section 351(2) BNS – Sexual harassment
• Section 352 BNS – Insulting modesty of a woman
• Section 66E of IT Act – Violation of privacy by capturing/publishing images

This case is a stark reminder that digital blackmail is treated with utmost severity by the courts in Uttar Pradesh.

Bail in non-bailable offenses like blackmail and sexual harassment is governed by Section 483 BNSS (old Section 437 CrPC) before the Magistrate, and Section 484 BNSS (old Section 439 CrPC) before the Sessions Court or High Court. In the Rahul Kumar Saroj case, the High Court exercised its power under Section 484 BNSS to reject bail after considering the gravity of the offense and the accused’s mental condition.

For victims of blackmail in Lucknow, the CJM Court Lucknow or Sessions Court Lucknow can hear bail applications at the initial stage. However, if bail is denied, the accused must approach the Allahabad High Court under Section 484 BNSS.

The Allahabad High Court gave multiple reasons for rejecting bail in the Rahul Kumar Saroj case:

1. Gravity of the offense: Blackmail with obscene photos destroys the victim’s reputation and mental peace. The court termed it a “menace to society”.
2. Mental health concerns: The accused appeared to be “not of sound mind” during proceedings, prompting the court to order a mental health examination under medical supervision.
3. Risk of tampering with evidence: The court feared that if released, the accused might destroy digital evidence or threaten the victim.
4. Prima facie case: The FIR and material on record clearly disclosed the commission of offenses under BNS and IT Act.

This reasoning aligns with earlier rulings such as Ramdev vs. State of U.P. (2025) where Justice Ajay Bhanot observed that digital technology is altering the face of crime and circulating indecent photos on social media can destroy lives.

The direction for a mental health check in the Rahul Kumar Saroj case is a notable development. The court ordered the jail superintendent to have the accused examined by a psychiatrist and submit a report to the trial court. This step ensures that the accused’s mental condition is assessed before the trial proceeds, which can impact the defense of insanity or diminished responsibility.

Under Section 333 BNS (Causing grievous hurt by dangerous means) and other provisions, the mental state of the accused is a relevant factor. The Allahabad High Court has thus set a precedent that in cases involving obsessive or compulsive criminal behavior, a mental health evaluation may be mandatory.

For defendants in Lucknow facing similar charges, it is crucial to consult a criminal defense lawyer who can argue for or against such evaluations depending on the circumstances.

The Allahabad High Court has consistently taken a strict stance against digital blackmail. Here are two other notable rulings:

These cases demonstrate that the High Court views such offenses as grave social harms, and bail is rarely granted unless exceptional circumstances exist.

If you are being blackmailed with obscene photographs in Lucknow or anywhere in Uttar Pradesh, take the following steps immediately:

1. Do not delete any messages, emails, or social media posts – preserve all digital evidence.
2. File an FIR at the nearest police station under relevant BNS sections and IT Act. If the police refuse, approach the CJM Court Lucknow or Sessions Court Lucknow for a direction.
3. Seek a protection order from the court to prevent the accused from contacting you.
4. Consult a lawyer to file a quashing petition under Section 528 BNSS if the FIR is false, or to oppose bail under Section 484 BNSS.

An experienced FIR quashing lawyer in Lucknow can help you navigate the legal process efficiently.

If your bail has been rejected by the Magistrate under Section 483 BNSS or by the Sessions Court, you have the right to file a fresh bail application before the Allahabad High Court under Section 484 BNSS. The process involves:

• Filing a criminal misc. bail application with a detailed affidavit explaining the grounds for bail.
• Attaching the FIR, case diary, and order of lower court rejecting bail.
• Arguing before the High Court on merits, including lack of evidence, no criminal history, or mental health issues.

The timeline for such applications in Lucknow typically ranges from 2 to 6 months depending on the court’s workload. Legal fees for a bail application before the High Court can range from ₹15,000 to ₹50,000 depending on the complexity.