"Most Gender Insensitive & Crooked Person": Allahabad HC Denies Bail To Man Who Allegedly Sent Girlfriend's Intimate Pics To Her Family

The Allahabad High Court recently denied bail to a man who allegedly shared intimate pictures of his girlfriend with her family members as it noted that this was an exclusive case of betrayal of the faith of the victim by the applicant.

The Bench of Justice Rahul Chaturvedi also observed that while the victim permitted the accused to have those photographs under certain confidence and understanding, the applicant/accused had backstabbed her and betrayed her to its core.

The case in brief

As per the FIR lodged against the bail applicant by the victim-girl, they both came into contact with each other through the Facebook platform, and thereafter, they came into a relationship. Further, she has alleged that after crossing all the limits of decency and chivalry, the applicant-accused outraged her modesty.

Thereafter, allegedly he took certain intimate "videos and pictures" in intimate condition, and thereafter, he started exploiting her. He kept on transgressing his limits quite often and then started sending lascivious and objectionable WhatsApp chats with her, just to threaten and to feel her embarrassed and uneasy.

Further, in February 2021, when she was going to her room, en route she was intercepted by the applicant, thereafter, he misbehaved with her and extended all sorts of threats, and hurled filthy abuses at her.

In her 164 Cr.P.C. statement, the girl stated that after taking her pictures, the bail applicant accused started blackmailing her and threatened her to send those videos and photos to her family members and would make it viral.

Horrified by this, she started dancing to his tune, and eventually, the accused sent all those photos to her family members and also threatened to make those pics viral in public.

The applicant was thereafter arrested and is behind the bars since August 2021 in connection with a case against him under sections 376, 504, 506, 507, 354, 354(Kha) of IPC and Section 67 of the I.T. Act.

Court's observations 

Taking into account all the facts and material on record, the Court noted that the acts of the bail applicant indicated his selfish and short-sighted approach and he, in order to establish the consensual relationship, mercilessly sacrificed the victim's dignity and honor on the road.

Regarding the act of sharing the snaps and calling accused, the most gender insensitive and crooked person, the Court remarked thus:

"She has permitted to have those photographs under certain confidence and understanding with the applicant but the applicant now backstabbed her and betrayed her to its core, just to establish his point. Naturally, the victim has to pay its heavy price in the future. Under these circumstances, the applicant cannot be permitted to roam around freely, without paying the price of this sin. In the nutshell, this is an exclusive case of betrayal of the faith of the victim by the applicant. In her 164 Cr.P.C. statement, she clearly states that the applicant has forwarded those intimate photographs to her family members and the author of those pics are none other than the applicant alone."

After assessing the material on record, the Court observed that the applicant did not deserve any sympathy, therefore, keeping in view that it is the applicant who exploited his relationship for his joy, thereafter, winning the victim's confidence, succeeded in getting those intimate photographs and lastly started blackmailing her, the Court denied him bail.

Case title - Balram Jaiswal v. State of U.P
Case Citation: 2022 LiveLaw (AB) 63

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