The Punjab and Haryana High Court has granted regular bail to a 27-year-old man accused of allegedly circulating child sexual abuse material through Instagram. While allowing the bail petition, the Court directed the investigating officer to ensure that the accused undergoes an examination by a qualified psychiatrist or appropriate medical specialist, if not already examined.
Justice Sanjay Vashisth observed that possible psychological or psychiatric factors behind the alleged conduct also required examination.
Background
The case arose from an online complaint received through the Indian Cyber Crime Coordination Centre (I4C), Ministry of Home Affairs. The complaint reportedly identified an Instagram account allegedly linked to the accused through his mobile number and email address.
According to the investigation report, 17 complaints were associated with the account, which was allegedly used to send obscene photographs and videos involving minor children to other Instagram users. An FIR was subsequently registered at the Cyber Crime Police Station, Panchkula, under Section 67-B of the Information Technology Act, 2000.
The accused approached the High Court seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
The Court noticed that the State's status report did not clarify whether the accused had undergone any medical or psychiatric examination during the investigation.
Justice Vashisth observed:
"Unless the reasons behind such conduct are properly examined, the investigating agency may not be able to effectively address the possibility of its recurrence, nor the objective of preventing further victimisation would be adequately achieved."
The Court also emphasised the seriousness of allegations involving women and children, while highlighting the need to examine possible underlying psychological conditions.
It further observed:
"If any such underlying condition exists, the same requires appropriate medical attention and assessment, rather than merely allowing the petitioner to remain incarcerated for an indefinite period without examining that aspect."
The Court therefore directed the Investigating Officer to arrange the examination without further delay, if it had not already been conducted.
The Court noted that the accused had remained in custody since February 16, 2026, completing eight months and 23 days of actual incarceration. It also took note that no other criminal case was stated to be registered against him and that the trial was likely to take considerable time.
Considering these circumstances, Justice Sanjay Vashisth allowed the petition and granted regular bail, subject to furnishing bail and surety bonds to the satisfaction of the concerned Magistrate.
The Court further directed the accused not to threaten or influence any prosecution witness, directly or indirectly. It clarified that its observations would not affect the trial court's independent assessment of the evidence.
A copy of the order was also directed to be forwarded to the Home Secretaries of Punjab, Haryana and Chandigarh for consideration of the suggested medical examination.
Case Details
Case Title: Tinku v. State of Haryana
Case Number: CRM-M-32132-2026
Judge: Justice Sanjay Vashisth
Decision Date: November 11, 2026
