Daijiworld Media Network - Mumbai

Mumbai, Nov 15: A Mumbai court has ordered the release of a man arrested in connection with the circulation of allegedly obscene morphed photographs of Bollywood actress Sonakshi Sinha, declaring his arrest unlawful due to procedural lapses by the police.

The case was registered at Bandra Police Station on November 13 following a complaint by Sonakshi, who alleged that a Delhi-based man had shared her morphed images on social media.

The accused, identified as Aryan Deepak Jain, was arrested in Delhi on November 14 and brought to Mumbai. He was produced before a magistrate at the Bandra court, where the police sought three days of custody to identify the electronic device or medium allegedly used to create the images and carry out further investigation.

However, the court observed that the accused had not been produced before a local magistrate in Delhi before being brought to Mumbai. It noted that the investigating agency had failed to provide a satisfactory explanation for not following the mandatory procedure.

The defence lawyers, Aman Shahi, Prashant Trivedi and Aditya Jain, opposed the police custody plea, arguing that the accused had not been served the required notice or informed of the grounds for his arrest. They also alleged that he had been taken out of Delhi by flight without being produced before a local magistrate.

The defence further argued that the accused had committed no offence and that the legal provisions invoked in the case were not applicable.

The court also examined the arrest procedure under Section 35(1)(b) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). It noted that the alleged offences carried a maximum sentence of seven years and that the police were required to record reasons justifying the arrest.

Observing that the records did not establish compliance with the mandatory requirements, the court held that the accused could not be arrested and detained merely on the ground that further investigation was required. It consequently declared the arrest illegal and ordered his release.