On 27.10.2020 the Himachal Pradesh High Court refused to grant Pre-arrest bail to a person who was accused of
harassing his wife and uploading her nude photos on the internet.
A total of four accused had approached the Court and had applied for anticipatory bail.
The father, mother and sister were granted bail, but the application of their son was rejected.
What transpired in the case:
An application was filed against the accused under Sections 504, 498A and 34 of the IPC and Sections 67 and 66(E) of the I.T Act.
As per the victim’s complaint, the accused started torturing and abusing her after one month of marriage for dowry.
The victim left her matrimonial home after one and a month because of the behaviour of her husband.
Victim’s husband came to the house of the victim, apologized for his behaviour, and told her that he would mend his ways.
However, as soon as the victim reached her matrimonial home, the husband threatened her and started to abuse and beat her as before.
The husband, to harass and blackmail the victim, clicked her nude photographs and uploaded them on the internet.
The husband also created a fake Facebook profile, and the nude photographs of the victim were uploaded on it.
Frustrated by her husband’s actions and conduct, the victim approached the High Court of Himachal Pradesh.
Bail Denied to Husband Accused of Uploading Wife’s Nude Photos on Internet
Hon’ble High Court observed that the relation between wife and a husband is privileged, and it inspires trust and confidence between the spouses.
However, in the instant case, the husband broke the trust of the wife by clicking and uploading her nude photographs on the internet.
The Court equated this act of the husband to publicly stripping a woman in public.
It was also observed that such an act impacts the health, mind and soul of the victim.
The Court held that the act done by the husband was heinous enough to attract provisions of Section 498A IPC.
Based on the nature of crime and facts of the case, the petitioner Abhishek Mangla’s application for bail was rejected.
The petitioner’s mother, father and sister were enlarged on bail by the Court after considering their role as indicated in the status report.
Title: Abhishek Mangla & Ors vs the State of H.P
Case. No.: Cr.M.P(M) No. 1808 of 2020
Date of Order:27.10.2020
Coram: Hon’ble Justice Vijay Singh Thakur