Allahabad HC Grants Anticipatory Bail To Man Who Allegedly Performed Nikah On Facebook Call & Thereafter Disowned Woman

The Allahabad High Court recently granted Anticipatory Bail to a man who has been accused of performing Nikah through Facebook Call and thereafter disowning the woman.

The Bench of Justice Chandra Dhari Singh was hearing the bail plea of one Mohammad Ali, who, as per the prosecution's allegations, performed Nikha through Facebook Call with the complainant while he was in Mozambique Africa and after coming back to India, he threatened the complainant with dire consequences and blackmail her.

The Facts in brief

The Prosecution has alleged that while working in Mozambique Africa, he performed Nikah with the complainant-woman in March 2019 and after coming back to India, denied talking to her and also blocked her mobile number, and her Facebook account.

Thereafter, the woman-complainant has alleged that in January 2020, when he once again contacted her, she requested him to take the opinion of the Islamic Scholar to follow and abide by the conditions of Nikah, however, he threatened her with dire consequences and blackmailed her under the threat. 

Consequently, an FIR had been lodged under sections 420, 500, 507 IPC and section 67-A (charge dropped in the charge sheet), 66-E IT ACT against the applicant.

On the other hand, the counsel for the applicant-man submitted that he had never met the complainant and the entire prosecution story was false and fake and that an FIR in the matter had been lodged with the purpose to blackmail him and to squeeze the money from him.

It was further argued that the applicant never met the complainant and no nikah or marriage took place, and rather, he connected with the complainant-woman through the PUBG alleging her name 'Anaya' and thereafter she changed her identity as 'Husna Abidi' and thereafter she gave her name as 'Iram Abbas'.

In light of these allegations, the applicant-man argued that the complainant depicted her identity with different names on social media which created suspicion in his mind, and thus, he blocked her.

Lastly, it was also submitted that if the entire allegation is believed to be true, even then the offence punishable under the I.T. Act and section 507 IPC isn't made out.

Court's observations

At the outset, the Court observed that anticipatory bail may be granted when there is material on record to show that prosecution was inherently doubtful or where there is material on record to show that there is a possibility of false implication.

further, the Court also opined that it is well settled law that while considering the question of grant of anticipatory bail, the Court prima-facie has to look into the nature and gravity of the alleged offence and the role of the accused.

Against this backdrop, referring to the facts of the case, the Court observed that the investigation section 67-A of the I.T. Act has been dropped and sections 420, 500, 507 IPC, and section 66-E are found against the applicant and the charge-sheet has been filed in the court concerned on 19.05.2019.

The Court further noted that the allegation of blackmailing is not proved against the applicant and that he has no previous criminal history and therefore, considering the nature of the accusation, the Court found him entitled to be released on anticipatory bail.

Case title - Mohammad Ali v. State Of U.P. & Anr.

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