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Synopsis

The Allahabad High Court recently rejected the bail application of a man accused of forcing his wife into prostitution under the guise of marriage. The order, delivered by the bench of Justice Sanjay Kumar Singh on January 2, emphasized the grave nature of the allegations, which went beyond a mere matrimonial dispute.

A First Information Report (FIR) was lodged by the mother of the victim on June 17, 2024. According to the complaint, Salman, the accused, married the victim in January 2024 and soon began exploiting her for illegal activities. The victim alleged that Salman locked her in a room with strangers, forcing her into non-consensual acts for monetary gain. When she protested, she was reportedly subjected to physical violence and death threats.

The complainant further claimed that on April 15, 2024, Salman and two associates barged into their house, armed with weapons, and attempted to forcibly take the victim back. The family managed to rescue her with police intervention, and an FIR was subsequently registered against Salman and his accomplices.

The charges against Salman include Sections 498-A, 323, 328, 376-D, 504, 506, and 120-B of the Indian Penal Code (IPC), along with provisions under the Dowry Prohibition Act. He has been in judicial custody since August 25, 2024.

During the hearing, Salman's counsel argued that he was falsely implicated due to matrimonial discord, pointing out delays in filing the FIR as evidence of concoction. The defense also emphasized that the victim's family took her away with police assistance after Eid but did not file an immediate complaint.

However, the prosecution and the victim's counsel vehemently opposed the bail plea. They argued that the victim's statement under Section 164 of the CrPC detailed egregious acts of coercion, including being drugged and sexually assaulted by Salman's associates. They contended that the allegations demonstrated a deliberate attempt to degrade the victim's dignity and self-esteem, constituting a severe violation of her fundamental rights.

The court, in its order, remarked that the allegations were a "serious blow" to the victim's honor and dignity. Justice Singh underscored the traumatic impact of such offences, stating that they inflict not only physical harm but also psychological and emotional scars that tarnish a woman’s sense of self-worth.

"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," he wrote. 

Considering the gravity of the allegations, the severity of the offence, and the potential punishment, the court found no merit in granting bail to the accused at this stage. The judge clarified that the observations in the bail order would not influence the trial’s merits.

Case Title: Salman Vs. State of U.P.