The Allahabad High Court while rejecting the bail application held that women artists, who perform as a singer or dancer in orchestra parties also deserve respect and they have the right to live with dignity. Unfortunately, many women artists often face exploitation and sexual harassment, because they are sometime seen with different mind set/perception in the society, which undermines their basic human right.
A Single Bench of Justice Sanjay Kumar Singh passed this order while hearing a Criminal Misc Bail Application filed by Manish Kumar Yadav.
By means of the application under Section 439 of CrPC, applicant-Manish Kumar Yadav, who is involved in Case under Sections 64, 332(b), 352, 351(3) BNS, Police Station Manduadeeh, District Varanasi seeks enlargement on bail during the pendency of trial.
As per prosecution case, victim herself lodged a first information report on 04.10.2024 against the applicant and his friend for the offence under Sections 64, 332(b), 352 and 351(3) BNS alleging inter-alia that she belongs to a vulnerable sections of society and is supporting her family by singing and dancing in an orchestra.
The applicant, who is a man of criminal nature, used to visit the place wherever she goes to perform in the orchestra party. On 09.09.2024 at about 09:00 PM, the applicant came to her house in a drunken state and finding her alone, he started molesting her.
The FIR further alleges that when the victim raised the alarm, the applicant and his friend ran away. Thereafter, the applicant made a call on her mobile phone and threatened her that if she informs the police about the said incident, he will rape and eliminate her.
The FIR also alleges that along with the applicant, there was another person who was making a video on his mobile phone of the act done by the applicant. On 10.09.2024 at about 07:00 AM, the applicant again called her and abused her because she was very scared.
The main substratum of argument of the counsel for the applicant is that the applicant has been falsely implicated in the case. In fact, the applicant runs an orchestra, in which the victim/ complainant performs as a dancer. The complainant had borrowed Rs 25,000/- from the applicant but she did not return and in order to escape from her liabilities, she lodged an FIR against the applicant in order to settle her personal score.
Lastly, it is submitted by the counsel for the applicant that the applicant is languishing in jail since 05.10.2024 and in case he is released on bail, he will not misuse the liberty of bail.
On the other hand, AGA vehemently opposed the said submissions of the counsel for the applicant by reiterating the prosecution case as mentioned in the FIR.
He also contended that apart from the case, the applicant has criminal history of the three cases.
It is next submitted by the AGA that the applicant is an organizer of the orchestra party, in which the victim was engaged as a dancer. The act and conduct, as disclosed by the victim in the FIR as well as in her statements under Section 180 and 183 BNSS, are heinous in nature, therefore, the bail application of the applicant is liable to be rejected.
The Court observed that,
Having heard the submissions of the counsel for the parties and perusing the record, I find that the defence set up by the applicant as mentioned in the bail application as noted above, does not corroborate from any material on record.
The Court is also of the view that the statement of the victim is a preliminary consideration for deciding the bail application. I also find that there is no contradiction in the FIR version as well as in the statements under Section 180 and 183 BNSS of the victim to vitiate the prosecution case.
At this stage, I do not find any good ground to presume that the statements of the victim are false. So far as the defence of the accused is concerned, the same is a matter of trial which can be adjudicated by the trial court at the appropriate stage.
The orchestra is a group of performers including dancers and singers in musical settings providing live music for the events or parties.
In the case in hand involving the sexual exploitation of victim who is dancer of an orchestra party by the organizer is a grim reminder of perverse gender sexual violence in the society. Any woman artist regardless of their field of performance, should never be reduced to an object of lust or subjected to any form of abuse. The dignity of artists lies in their art, therefore it is the responsibility of the organizer that the workplace and environment of women artists is safe and respectful. It is the duty of all to create an environment where every artist can perform and express themselves freely without fear and intimidation because they are torchbearers of culture, creativity and expression in society.
“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, role assigned to applicant, criminal history of the applicant and severity of punishment, I do not find any good ground to release the applicant on bail,” the Court further observed while rejecting the bail application.