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The Himachal High Court on Wednesday dismissed the anticipatory bail plea of a man accused of uploading nude photographs and videos of his wife on social media. The court said that uploading of nude images of one's spouse in public domain amounts to a betrayal of mutual trust, as it is paramount of marriage.
The wife had filed an FIR against the husband at Mandi police station on October 5, under Sections 498A, 504, 34 of the IPC and Sections 66(E) and 67 of the IT Act, reported Outlook.
The accused identified as Abhishek Mangla, a resident of Mandi used to harass his wife to fulfil his demand of asking her father to buy a two-wheeler for him and threatened her of making the images and videos public if the family did not meet the demand. However, when she resisted, he allegedly beat her and uploaded the photographs and videos on Facebook.
Justice Vivek Singh Thakur, in his 8-page order, said that it was a heinous crime and equal to stripping a woman in public by the husband himself. The judge also pointed out that such an act has long-lasting consequences on the victim's mental health.
"The relationship between a husband and wife is a privileged one. The institution of marriage inspires trust and confidence, which leads to complete surrender of spouses to each other. This relation of mutual trust, faith and confidence creates a sense of security and sometimes its even stronger than the relationship between parents and children," the judge said.
The court also observed that the anticipatory bail provision was not constituted to benefit such offenders.
"In exercise of the power under Section 438 CrPC the bail petition is dismissed. Needless to say that he will not be entitled to any further protection under interim bail either," the judge's rule as quoted.
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