Avnish Bajaj vs State (N.C.T.) Of Delhi on 21 December, 2004 been established from the evidence that has been gathered till date that any publication took place by the accused, directly or indirectly. The actual obscene recording/clip cannot be viewed on the portal of Baaze.com. This question will have to be decided. It has been argued on behalf of the accused that on coming to learn of the illegal character of the sale, remedial steps were taken within 38 hours, since the intervening period was a weekend. Prima facie Baaze.com has endeavored to plug the loophole although it is to be expected that similarly placed persons should do so with immediate alacrity. This case will indubitably bring to the fore the dangers endemic in this business, which must be addressed forthwith. 6. It has also been shown that only 14 days J/C General had been requested for on the submission that "investigation reveal that same MMS clipping was listed for sale on 27th November, 04 in the name of DPS Girl having fun". It has also been contended that initially the prosecution had conceded the grant of bail, but it was subsequently argued to the contrary. 7. Learned Counsel for the accused relies on Gurcharan Singh and Ors. v. State (Delhi Administration), AIR 1978 SC 179. The normal rule is that ordinarily bail should be granted, and its refusal should not act as a substitute for punishment. 8. The accused has actively participated in the investigations, and even before me it has not been suggested to the contrary by Counsel for the State. The nature of the alleged offence is such that the evidence has already crystallized and may even be tamper proof. Even though the accused is no longer an Indian National, he is of Indian origin with family roots in our country. It cannot possibly be argued that a foreign national is disentitled to the grant of bail. Reference to Ram Govind Upadhyay v. Sudarshan Singh and Ors., , may not be relevant at this stage since the evidence that has been collected indicates only that the obscene material may have been unwittingly offered for sale on the website; and that heinous nature of the alleged crime may be attributable to some other person. 9. The accused is enlarged on bail subject to furnishing two sureties in the sum of Rs. 1,00,000/each to the satisfaction of the concerned Court/ Metropolitan Magistrate/Duty Magistrate. The accused shall also not leave the territories of India without the leave of the Court and for this purpose shall surrender his passport to the Magistrate. It is implicit in the grant of bail that he shall participate and assist in the investigation. 10. In view of the aforesaid directions, the Bail Application stands disposed of. 11. A copy of this Order be given to Counsel for both the parties. Indian Kanoon - http://indiankanoon.org/doc/1308347/ 2