Allahabad High Court
Amir Khan Alias Jubair vs State Of U.P. And 2 Others on 6 May, 2024
Author: Krishan Pahal
Bench: Krishan Pahal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:80615 Court No. - 76 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4256 of 2024 Applicant :- Amir Khan Alias Jubair Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Rakesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.
1. List has been revised.
2. Heard Sri Rakesh Kumar Shukla, learned counsel for the applicant and Sri Rajendra Prasad Shukla, learned A.G.A. for the State as well as perused the record.
3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 428 of 2023, under Sections 67 of Information Technology (Amendment) Act, 2008, Police Station- Kotwali, District- Jhansi, with a prayer to enlarge him on anticipatory bail.
4. As per the prosecution story, the applicant is said to have fallen apart with his wife and there was a family dispute pending between them. Peeved by the said dispute, the applicant is stated to have made a fake ID in the name of another sister of the informant and had posted nude and indecent photographs and videos on facebook thereby had also sent such indecent messages to the family members.
5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. He has nothing to do with the said offence as alleged in the FIR. It is further stated that he was forced by his wife to take his sister-in-law to Mumbai as he was working thereat. After the applicant had taken his sister-in-law with him, his wife had instituted the FIR against him which was registered as Case Crime No.008 of 2024 instituted at Police Station- Mahila Thana, Jhansi. It is further argued that the applicant has been put to double jeopardy as similar allegations of posting indecent photographs of the sister-in-law has been levelled in the FIR lodged by the wife of the applicant.
6. Per contra, learned AGA has vehemently opposed the prayer for anticipatory bail on the ground that the applicant has wrongly mentioned in the affidavit that he has no criminal history although he has annexed the FIR of Case Crime No.008 of 2024. It is further argued that the informant had annexed the screenshot of the said indecent photographs and videos sent to his mobile and posted by the said ID, as such, he is not entitled for anticipatory bail.
7. In rebuttal, learned counsel for the applicant has stated that he has mistakenly mentioned the fact that the applicant has no criminal history as he has already annexed the FIR.
8. Considering the facts and circumstances of the case, the arguments advanced by the learned counsel for the parties and also the fact that the applicant had made viral the videos of his sister-in-law and thus tarnished the image of the family at large, I do not find it a fit case to enlarge the applicant on anticipatory bail. The arguments tendered at bar pertain to regular bail application and cannot be agitated u/s 438 Cr.P.C.
9. In view of the above, the present anticipatory bail application is rejected.
Order Date:- 6.5.2024 Siddhant (Justice Krishan Pahal)