HC has granted anticipatory bail to a man who allegedly performed nikah on a facebook call and then disowned the woman (Read Judgment)

The Justice Chandra Dhari Singh of Allahabad High Court has granted anticipatory bail to a man who performed nikah with a woman through a facebook call and then disowned the woman. 
 

Facts of the case:

It was alleged that the applicant (man) had virtual acquaintance for the past two years with the complainant (woman) on Facebook who is working in Mozambique Africa and had Nikha through Facebook Call on 14.03.2019. When the complainant came back to India and contacted the applicant, he denied talking and blocked her mobile number and also from Facebook.  In January 2020, the complainant once again contacted the applicant and requested him to take the opinion of the Islamic Scholar to follow and abide by the conditions of Nikah, the applicant threatened the complainant with dire consequences and blackmail her under the threat.
 

Submission of the Applicant:

The applicant has submitted that the applicant never met the complainant and no nikah or marriage took place. It is submitted that the applicant has connected with the complainant through the PUBG alleging her name 'Anaya' and thereafter she has changed her identity as 'Husna Abidi' and thereafter she has given her name as 'Iram Abbas'. The complainant has depicted her identity with different names on social media which creates a suspicion in the mind of the applicant and thus, the applicant blocked the complainant. It is also submitted that if the entire allegation believed to be true, as stated in the FIR, does not fulfill any ingredients of the offence punishable under the I.T. Act and section 507 IPC, therefore, no case is made out against the applicant.

Contention of the Complainant:

The complainant has contended that there are serious allegations against the applicant and since the applicant is working abroad, there is a great chance that he will abscond and will not cooperate in the trial proceedings.
 

Court’s reasoning and Judgment:

In the investigation section 67-A of the I.T. Act has been dropped and sections 420, 500, 507 IPC and section 66-E are found against the applicant and the charge-sheet has been filed in the court concerned on 19.05.2019. The allegation of blackmailing is also not proved against the applicant. The applicant has no previous criminal history. Hence, the applicant is entitled to be released on anticipatory bail in this case. An application for anticipatory bail is allowed.

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