Allahabad High Court Denies Bail To Man Accused Of Attempting To Rape Own Daughter, Uploading Her Nude Pics On Facebook

The Allahabad High Court recently denied bail to a man who has been accused of attempting to rape his own daughter and uploading her pictures on Facebook. 

The bench of Justice Dinesh Kumar Singh denied bail to one Naushad Ali considering the relationship between the accused-applicant and the prosecutrix, heinousness of the offence, societal impact of the offence and the statement of the prosecutrix recorded under Section 164 Cr.P.C.

The bail application was moved by the applicant-accused who has been booked under Sections 376, 511, 504, 506, 120B IPC, 67 Information Technology, Police Station.

Terming the facts of the case as very disturbing and startling, the High court noted that the complainant/victim in the case is the daughter of the accused applicant, who alleged that her father (accused-applicant) had a bad eye on her since 2014 and he used to touch her inappropriately.

She further alleged that one night, he tried to rape her and when she protested, she was hit by him. The further allegation is that the accused applicant uploaded nude photos of the prosecutrix on his Facebook Account.

The accused applicant also used to threaten the prosecutrix that she would be killed and allegations would be leveled against the religious gurus. Opposing his bail, the state brought on record the criminal history of 11 cases of the accused applicant. 

Against this backdrop, taking into account the relationship between the accused-applicant and the prosecutrix, heinousness of the offence, societal impact of the offence, and the statement of the prosecutrix recorded under Section 164 Cr.P.C. as well as evidence collected by the police during the investigation, the Court did not find it appropriate to enlarge the accused-applicant on bail.

The bail application was thus, rejected at this stage. Further, noting that the accused applicant has been in jail since August 2019, the Court directed the Trial Court to expedite the trial and conclude the same as early as possible preferably within a period of one year.

Appearances

Counsel for Applicant:- Awanish Kumar Bhatt,Devesh Deo Bhatt,Manoj Kumar Mishra,Mohd. Shahanshah Newaz Khan

Counsel for Opposite Party:- G.A.,Arun Sinha,Hemant Kumar Pandey,Riyaz Ahmad

Case title - Naushad Ali (Second Bail Application) v. State Of U.P.Thru Prin.Secy Home Lucknow

Case Citation: 2022 LiveLaw (All) 186

Click Here To Read/Download Order