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ALLAHABAD HIGH COURT
Saurabh Lavania, J.
Guruvinder Singh – Applicant
versus
State of U.P. and Anr. – Opp. Parties
Bail No.3669 of 2021
Decided on 4.10.2021
A) Constitution of India – Article 21 – ”Dignity” and “Privacy” – Dignity quality of being honourable, noble, excellent or worthy – With a human regarded as the most supreme living creature, dignity, in its appealing sense, is better referred to as human dignity – It is conceptual basis for formulation and execution of human rights and is neither granted by society nor can it be legitimately granted by society – An imperative implication of human dignity is that every human being should be regarded as a very invaluable member of community with a uniquely free expression of their right to life, integrated bodily attributes and their spiritual nature – Human dignity is a sense of self-worth – Dignity is a sense of pride in oneself that a human being has with them – Human dignity is a right covered under Article 21 – Expression “life” in Article 21 does not connote merely physical or animal existence – Right to life includes right to live with human dignity – It is duty of State not only to protect human dignity but to facilitate it by taking positive steps in that direction – No exact definition of human dignity exists – It refers to intrinsic value of every human being, which is to be respected – It cannot be taken away – It cannot be given – It simply is – Every human being has dignity by virtue of his existence. (Paras 33, 34 and 35)
(B) Criminal Procedure Code, 1973 – Section 439 – Bail application – Case registered for offences punishable under Sections 354Ka, 354Kha, 354Ga and 354Gha, 376, 509, 323, 452, 504, 506 I.P.C. – No person much less a woman would want to create and display gray shades of her character – In most of cases, like present one, women are victims – Capturing images and videos with consent of woman cannot justify misuse of such content once relation between victim and accused gets strained – In matters like present one, any accused will surreptitiously outrage modesty of woman and misuse the same in cyber space unhindered – Such an act will be contrary to larger interest of protection of woman against exploitation and blackmailing, as has, prima facie, happened in present case – Sexually explicit images or videos may be made by a partner of an intimate relationship with knowledge and consent of subject, or it may be made without his or her knowledge, however, same if used as a form of revenge or harassment would definitely distort/damage dignity of concerned and Court in such type of cases cannot close its eyes – Being parens patriae and protector of fundamental rights, Court should come forward to protect right of subject and similarly Court should stringently deal with person concerned – Possession of material may be used by perpetrators to blackmail subjects into performing other sex acts or to coerce them into continuing relationship, or to punish them for ending relationship – Bail Application rejected. (Paras 36, 37, 38 and 39)
Result: Bail Application rejected.
JUDGMENT
Saurabh Lavania, J.—Heard Sri I.B. Singh, learned Senior Advocate assisted by Sri Atul Kumar Dwivedi, learned counsel for applicant, learned counsel for the complainant, learned A.G.A. for the side opposite and perused the record.
2. Present bail application has been filed by the applicant in Case Crime No.6 of 2021, under Sections- 354Ka, 354Kha, 354Ga and 354Gha, 376, 509, 323, 452, 504, 506 I.P.C., P.S.- Lalganj, District-Pratapgarh.
3. Learned Counsel for the applicant submitted that as per the FIR, the informant/victim is posted as Naib Tehsildar at District Pratapgarh. The FIR in issue was lodged on 02.01.2021 at about 07:26 hours. As per the allegations made in the FIR, the applicant committed crime i.e. rape with the informant/victim for the first time in the year 2012 in the premises situated at GTB Nagar, New Delhi. It is further stated that in the FIR that the applicant also has made obscene video clips of informant/victim. He further stated that it appears from the FIR that on the basis of obscene video clips and photographs, the applicant continued to commit crime with the informant/victim. It is also apparent from the FIR that in 2017, the informant/victim was appointed as Naib Tehsildar at district Pratapgarh. It further transpires therefrom that in Pratapgarh also, the applicant committed crime with informant/victim and took obscene photographs. In the FIR, further allegations have been levelled, which are to the effect that account of informant/victim was operated by the applicant. The informant/victim was also threatened on phone and messages, as indicated in the FIR.
4. Learned Counsel for the applicant further submitted that in nutshell, the contents of FIR are to the effect that since 2012-2013 to the date of lodging of FIR, the applicant continued to commit crime i.e. rape with informant/victim on the basis of obscene video clips and photographs made by him.
5. Learned counsel for the applicant further submitted that the story, as alleged by prosecution, is improbable, as the informant/victim was major in the year 2012 and she never raised any alarm or objected or inform the concerned till lodging of FIR. Even after her joining as Naib Tehsildar at District Pratapgarh, the informant/victim never opposed the action of applicant or lodged the FIR. This FIR in issue has been lodged just to harass the applicant who was/is in love with the informant/victim. In fact this is a case of consent. The applicant met with informant/victim in the year 2012 in a coaching institute, as both were appearing in competitive examinations. The applicant and informant/victim were having affair and physical relations were established with the consent of informant/victim. The relationship continued till 2020. In 2020, on account of some dispute, the relationship was broken.
6. On a query being put at this stage, learned Counsel for the applicant submitted that the marriage of informant/victim was settled by her parent, as such, she refused to continue the relationship with the applicant and it appears that for this reason as also that the victim became Naib Tehsildar and the applicant could not crack any examination, the victim broken the relations with the applicant and lodged the FIR, however, the applicant is still ready to solemnize marriage with informant/victim.
7. Learned Counsel for the applicant further submitted that after lodging the FIR in issue, the applicant was apprehended and taken into custody. The concerned police authority recovered one hard disk and six mobile phones, out of which, only two mobile phones were in use at that point of time. Initially the FIR was lodged against the applicant and unknown persons. The Investigating Officer after investigation submitted the charge-sheet only against the applicant. This charge-sheet was filed by Crime Branch, as the investigation was transferred to Crime Branch on an application of informant/victim. During the investigation, the Investigating Officer
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