The Allahabad High Court has rejected bail to Salman, who has been accused of forcing his wife into prostitution.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Salman.
By means of the application under Section 439 of CrPC, applicant-Salman, who is involved in Case under Sections 498-A, 323, 328, 376-D, 504, 506, 120-B IPC and Sections 3/4 Dowry Prohibition Act, Police Station Kwarsi, District Aligarh seeks enlargement on bail during the pendency of trial.
The facts of the case are that the complainant who is mother of the victim got a first information report lodged on 17.06.2024 against the applicant Salman alleging inter-alia that in the month of February, 2024, she solemnized marriage of her daughter with the applicant. In the said marriage, Rs 4 lakh were also given for applicant’s business.
After the marriage, complainant came to know that her son-in-law is involved in some illegal activities and also not letting her daughter to come into her contact.
After tracing a lot, complainant found her daughter, who started crying and told her the entire story that the applicant forcibly compels her to do illegal activities. The victim also told the complainant that in the morning, applicant used to lock her in a room with some random boy and compels her to do wrong things with him for money. The FIR also alleges that on making protest by the victim, applicant beats her and also threatens her to kill.
Somehow the complainant and her husband, with the help of police, brought their daughter back. On 15.04.2024 at about 09:00 pm, applicant with 2-3 persons entered in her house carrying illegal weapons and started dragging the victim.
On making objection, he threatened them and told that he will take the victim with him and make her to do illegal work. On raising alarm, they got their daughter released from the clutches of the applicant.
It is argued by the counsel for the applicant that the applicant is husband of the victim. The marriage of the applicant with the victim was solemnized on 26.01.2024 but on account of matrimonial dispute, applicant has been falsely implicated in the case. Much emphasis has been given by contending that as per the prosecution case, after Eid festival, complainant and her husband took her daughter from her matrimonial home with the help of police but no FIR was lodged at that time.
Later on false story has been set up stating that on 15.04.2024, applicant barged into her house and tried to drag the victim on the pointing of pistol but anyhow, on raising alarm, they could save the life of the victim but the FIR of the said incident was lodged after two days on 17.06.2024, which indicates the false implication of the applicant.
Lastly, it is submitted that the applicant is languishing in jail since 25.08.2024 and in case, the applicant is released on bail, he will not misuse the liberty of bail.
On the other hand, AGA for the State as well as counsel for the complainant vehemently opposed the submissions of the counsel for the applicant by contending that in fact, applicant solemnized marriage with the victim with an ulterior motive to force her into prostitution. After the said marriage, when the victim came to her matrimonial home, applicant being husband of the victim started harassing the victim adopting different modus operandi and used to send his friends and other persons in her room for making physical relation and as such victim has been sexually ravished by the friends and other known persons of her husband and she was compelled to make physical relation with them, which is a heinous offence, hence, the bail application of the applicant is liable to be rejected.
“Having heard counsel for the parties and examined the matter in its entirety, I find that as per the prosecution case, it is not a simple case of matrimonial dispute between husband and wife. The fact of the case and allegation levelled by the victim against the applicant is rare.
The Court is of the view that aforesaid allegation is serious blow to the Supreme honour of the victim and offends her self esteem and dignity. It degrades and humiliates the victim, it leaves behind a traumatic experience, a rapist not only cause physical injuries, but more indelibly leaves a blot on the most cherished possession of a women i.e. dignity, honour and reputation.
Considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, gravity of offence and severity of punishment, I do not find any good ground to release the applicant on bail,” the Court observed while rejecting the bail application.