"Anti-Social Activity": Allahabad HC Denies Bail To Man Who Allegedly Raped, Posted Woman's Obscene Snaps On FB & Dared That Law Won't Saver Her

The Allahabad High Court has denied bail to a man 'prima facie' accused of raping and posting obscene photographs of a woman on Facebook with whom he once had a relationship.

The Bench of Justice J. J. Munir was hearing the bail plea of one Manav Sharma under Sections 376(1), 506 I.P.C., and Section 67-A Information Technology (Amendment) Act, 2008.

His counsel submitted that it was a case where the applicant and the prosecutrix were into a long relationship and after she went away to Russia in connection with her higher education, she disowned the relationship.

He submitted that the instant prosecution is a move on the part of the prosecutrix and her family to put a curtain on the past relationship between the parties and that the applicant had, in no way threatened her or posted any offensive or intimate photographs or photographs of hers on the internet or the Facebook.

It was also submitted that he had, in no way, brought pressure upon the prosecutrix or her family to force her into matrimony and that the other allegations charging the applicant of offences punishable under Section 376(1), 506 I.P.C. and Section 67-A I.T. Act were all false.

He submitted that the allegation of rape was completely out of context given the long relationship between the parties.

On the other hand, the A.G.A. opposed the prayer for bail and took the Court through the material in the case diary including the statement of the prosecutrix recorded under Section 164 Cr.P.C.

Court's observations

Perusing the entire material in the case diary, the Court noted thus:

"Though the parties were into a relationship at a certain point of time, the prosecutrix has withdrawn from it. But, the applicant has pursued her beyond the permissible limits of decency and into the forbidden territory of crime. He has prima facie ravished her and utilizing the obscene photographs that he has, he has posted them on Facebook."

This Court summoned the case diary and looked into the evidence, particularly, to find out whether the posting of obscene photographs are material available in the case diary and thereafter, the Court found that Prima facie the allegations appeared to have force.

The Court remarked:

"There is also some kind of a C.D. where the applicant is shown threatening the prosecutrix with dire consequences. There, by his words, he has dared the law of not being in a position to save the prosecutrix unless she accepts his proposal. This kind of conduct and the offence involved almost amounts to an anti-social activity and a menace to the society."

With this, the Court did not find it to be a fit case for bail. The bail application was thereby rejected.

Case title - Manav Sharma v. State Of U.P.

Click Here To Download Order

Read Order