106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CCCCRRRRM M M M----M M M M----33333333555500001111----2222000022226666 ((((OOOO&&&&M M M M)))) DECIDED ON: 07.07.2026 VVVVIIIISSSSHHHHUUUU SSSSHHHHAAAARRRRM M M MAAAA .....PETITIONER VERSUS SSSSTTTTAAAATTTTEEEE OOOOFFFF PPPPUUUUNNNNJJJJAAAABBBB .....RESPONDENT CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH. Present: Mr. Prashant Bansal, Advocate, for the petitioner. Mr. Neeraj Madaan, Sr. DAG, Punjab. SSSSAAAANNNNJJJJAAAAYYYY VVVVAAAASSSSHHHHIIIISSSSTTTTHHHH ,,,, JJJJ ((((OOOORRRRAAAALLLL)))) 1. Present petition has been filed by the petitioner, seeking grant of anticipatory bail, in case, FIR No.09 dated 17.02.2026, under Section 67-B of Information Technology Act, 2000 and section 15(1) of Protection of Children from Sexual Offences Act, 2012 added later on, registered at Punjab State Cyber Crime Police Station Crime Wing, District SAS Nagar. 2. Brief facts of the present case, as discussed in the order dated 03.06.2026, passed by learned Additional Sessions Judge, SAS Nagar, are reproduced here below, for reference:- “The present FIR has been registered on the basis of story of the prosecution that a report no.11/5A/CCPWC dated 12.02.2026 has been received from Incharge CCPWC unit, State Cyber Crime, Punjab, Phase IV, Mohali that the CBI registered case RC 22(S) /2021/CBI/SC-III/ND dated 14.11.2021, under Section 67-B of the Information Technology Act, 2000 read with Section 120-B of the Indian Penal Code on the basis of reliable source LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33333333555500001111----2222000022226666 ((((OOOO&&&&M M M M)))) ----2222---- information to the effect that a syndicate of individuals based in different parts of India and abroad was involved in sharing, storing, and viewing Child Sexual Exploitation Material (CSEM) through various social media platforms/groups. The said persons were disseminating such material by sharing links, videos, pictures, texts, and posts, and by hosting such content on social media groups/platforms (particularly a WhatsApp group named "Only Child Sex Videos) and third-party storage/hosting platforms. The accused persons, in association and connivance with each other, were publishing/transmitting electronic material depicting children engaged in sexual acts were collecting, seeking, browsing, downloading, exchanging, distributing material in electronic form depicting children in an obscene, indecent, or sexually explicit manner. The FIR was registered against 31 named and other unknown persons. On the basis of CSEM material found on the seized devices of Vishu Sharma s/o Amresh Kumar Sharma, resident of B1 3894, Mohinder Ganj No.9, Rajpura Abdulpur, Patiala sufficient evidence is available to prosecute them independently in the State of Punjab. However, during investigation, sufficient evidence could not be found to establish any conspiracy or meeting of minds among the accused persons named in the FIR. It could also not be established whether any CSEM was shared in the WhatsApp group "Only Child Sex Videos." No direct contact between the accused persons, nor any contact through any WhatsApp group, could be established during the investigation. As the CBI did not have the consent of the State of Punjab to investigate cases under the IT Act and the POCSO Act during the relevant period of the offence, the information regarding CSEM found in the mobile phones of Vishu Sharma has been forwarded to the authorities of the State of Punjab for further necessary action as per law. It is further submitted that in the aforesaid CBI case No. RC22(S)/2021/CBI/SC-III/ND dated 14.11.2021, registered under Section 67-B Information Technology Act, 2000 read with Section 120-B IPC against Vishu Sharma, the seized mobile phones, memory cards, forensic report, and other relevant documents have been received in this office. The Incharge CCPWC unit forwarded the aforementioned report along with the information received from CBI to Dy. DA Cyber Crime for legal opinion, who opined that, "the State Police authorities would then be competent to register FIR(s) and LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33333333555500001111----2222000022226666 ((((OOOO&&&&M M M M)))) ----3333---- conduct investigation under the relevant provisions of law" on which the senior officers have directed to register & investigate the case. The contents of the aforementioned report and attached documents, prima facie disclose the commission of cognizable offense under section 67B of Information Technology Act, 2000. therefore, a case FIR under section 67B of Information Technology Act 2000 against Vishu Sharma s/o Amresh Kumar Sharma, resident of B1 3894, Mohinder Ganj No.9, Rajpura Abdulpur, Patiala is being registered at PS State Cyber Crime, Punjab, Phase IV, Mohali. Now, apprehending his arrest, he has filed the present anticipatory bail application.” 3. Paragraph No.4 of the status report dated 01.07.2026, filed by the State, which is already appended with the present petition, reads as under:- “4. That, during the investigation conducted by the CBI in Case RC No.22(S)/2021/CBI/SC-III/ND dated 14.11.2021, One mobile phone make Vivo model Vivo 1803 belonging to accused/petitioner Vishu Sharma was seized and sent for forensic examination to Central Forensic Science uboratory (CFSL), Delhi. Upon Forensic Examination of the aforesaid device material suspected to CSEAM (Child Sexual Exploitative and Abuse Material) was reportedly detected and recovered from aforementioned Mobile Phone. However, no evidence regarding conspiracy or active coordination with other accused persons could be established during investigation. It could also not be established whether any CSEAM was shared in the WhatsApp group "Only Child Sex Videos." No direct contact between the accused persons, nor any contact through any WhatsApp group, could be established during the investigation.” 4. Learned counsel for the petitioner, while referring to the allegations mentioned in the status report filed by the State, submits that there is no material on record to show that petitioner had shared any objectionable video or was a conspirator acting in concert with the other accused persons. LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33333333555500001111----2222000022226666 ((((OOOO&&&&M M M M)))) ----4444---- 5. In response, learned State counsel submits that the objectionable video was found stored in the petitioner's device and had not been deleted. Therefore, possibility that it was retained with the intention of being shared at a later stage, cannot be ruled out. 6. This Court has considered the submissions advanced by learned counsel for the parties and has perused the material available on record. 7. Whether petitioner possessed the requisite intention, as alleged by the prosecution, is a matter that can only be determined during the course of trial, on the basis of evidence led by the prosecution. At this stage, this Court is not inclined to draw any adverse inference regarding the petitioner's intention, solely on the basis of the material presently available on record. 8. Therefore, this Court deems it appropriate to dispose of the same, with the direction to the petitioner to join the investigation within two weeks from today or as and when called by the investigating officer, and in the eventuality of the arrest, petitioner would be released on anticipatory bail, subject to his furnishing bail bonds to the satisfaction of the Arresting Officer. The petitioner shall also be abide by all the conditions laid down under Section 482(2) of BNSS, 2023 (earlier Section 438(2) Cr.P.C.). 9. Besides, it is directed that petitioner would hand over his passport to the Investigating Agency or to Court concerned, if he possesses. Otherwise, would submit an affidavit, disclosing the fact that he does not possess any passport. LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh CCCCRRRRM M M M----M M M M----33333333555500001111----2222000022226666 ((((OOOO&&&&M M M M)))) ----5555---- It is also directed that before leaving country any time during trial, petitioner would seek prior permission of the Court. 10. However, it is made clear that the aforesaid concession shall be deemed to be rendered inoperative, in the event, petitioner fails to join the investigation, within the stipulated time, or fails to comply with the terms and conditions, as may be imposed, in accordance with law. 11. With the directions recorded here above, present petition stands disposed of. 12. Pending miscellaneous applications, shall also stand disposed of. (SANJAY VASHISTH) 00007777....00007777....2222000022226666 JJJJUUUUDDDDGGGGEEEE Lavisha Whether speaking/reasoned Yes/No Whether reportable Yes/No LAVISHA 2026.07.07 14:11 I attest to the accuracy and integrity of this document PHHC, Chandigarh