Court refused anticipatory bail to husband u/s 498A of IPC as it was alleged that he uploaded nude pictures of wife on Facebook

Court refused anticipatory bail to husband u/s 498A of IPC as it was alleged that he uploaded nude pictures of wife on Facebook

Abhishek Mangla Vs State of HP

Himachal Pradesh HC

27/10/2020

Cr.MP(M) Nos. 1808 to 1811 of 2020

About/from the judgment:

7. Not only this the husband of the victim had also uploaded nude photographs of the victim on facebook through fake facebook ID created by him in the name of victim and had also uploaded nude photographs of the victim as profile picture of that facebook ID and after taking screen shots thereof had sent photographs to the victim and had also uploaded videos and photographs wherein victim was nude. During investigation, 16 such screen shots have been produced before the police which were uploaded by the husband of the victim.

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16. Relationship of husband and wife is a privileged relation. Institution of marriage inspires trust and confidence which leads to complete surrender of spouses to each other. This relation of mutual trust, faith and confidence creates sense of security and sometimes even more than parents and children. Sometime spouse feels more secured in shelter of life partner than mother's lap. Such feeling inspires openness between husband and wife.

 

17. Posting and uploading nude photographs of spouse, particularly of wife, in public domain amounts to betray the mutual trust and confidence which marital relations implies. It is stripping off a woman in public by the husband himself who is not only supposed but duly bound to protect her, it is not only serious but a heinous crime. It’s impact on soul, mind and health of the victim is beyond imagination. It causes suffering to her beyond comprehension, attracting the provision of Section 498-A IPC. An act amounting to stripping off a woman in public, in my considered view dis-entitles a person from anticipatory bail.

 

18. I am of the considered view that extraordinary provision of Section 438 Cr.P.C, conferring discretion upon the Court to direct enlargement of a person on bail before his arrest, in the event of his arrest, is not framed to benefit such offenders particularly a husband who is accused of an offence amounting to stripping off his wife in public. Therefore, considering the given facts and circumstances of the case, nature and gravity of the accusations and impact thereof on the soul, mind and body of a woman, affecting her mental and physical health beyond comprehension, I do not find it fit to enlarge petitioner Abhishek Mangla on bail, exercising the power under Section 438 Cr.P.C. Hence, bail petition [Cr.M.P(M) No. 1808 of 2020] preferred by him is dismissed.

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