‘Leaves Behind A Traumatic Experience’: Allahabad HC Rejects Bail Plea Of Man For Allegedly Pushing His Wife Into Prostitution

The Allahabad High Court rejected the bail application of a man accused of forcing his wife into prostitution and also observed that such an incident degrades the victim and leaves behind a traumatic experience.
Through the application filed under Section 439 of the Cr.P.C., the applicant, who is involved in a case registered under Sections 498-A, 323, 328, 376-D, 504, 506, 120-B I.P.C. and Sections 3/4 Dowry Prohibition Act sought enlargement on bail during the pendency of the trial.
Finding this case to be rare, the Single-Judge Bench of Justice Sanjay Kumar Singh said, “This Court is of the view that aforesaid allegation is serious blow to the Supreme honour of the victim and offends her self esteem and dignity.”
Advocate Manish Kumar Dwivedi represented the Applicant while Government Advocate Yogesh Kumar Tripathi represented the Opposite Party.
The complainant, who is the victim's mother, got a first information report lodged against the applicant alleging that she solemnised the marriage of her daughter with him and also gave 4 lakh rupees for his business. After the marriage, the complainant came to know that her son-in-law is involved in some illegal activities and was also not letting her daughter to come into her contact. Later, her daughter told her that the applicant forcibly compelled her to do illegal activities with him for money. The F.I.R. also alleges that while protesting, the applicant beat her and also threatened to kill her. Somehow the complainant and her husband, with the help of police, brought their daughter back.
The main argument raised by the Applicant’s Counsel was that on account of a matrimonial dispute,the applicant had been falsely implicated in this case. It was the applicant’s case that a false story had been set up stating that the applicant barged into her house and tried to drag the victim on the pointing of pistol but anyhow, on raising the alarm, they could save the life of the victim but the F.I.R. of the said incident was lodged after two days.
The A.G.A. for the State as well as the complainant’s Counsel argued that the applicant solemnized marriage with the victim with an ulterior motive to force her into prostitution. After the said marriage, when the victim came to her matrimonial home, the applicant started harassing the victim adopting a different modus operandi and sending his friends and other persons into her room for physical relations. The victim had thus been sexually ravished by the friends and other known persons of her husband. She was compelled to make physical relation with them, which is a heinous offence, hence, the bail application of the applicant was liable to be rejected.
The Bench, at the outset, observed, “Having heard learned counsel for the parties and examined the matter in its entirety, I find that as per the prosecution case, it is not a simple case of matrimonial dispute between husband and wife.”
As per the Bench, such an incident degraded & humiliated the victim, leaving behind a traumatic experience. “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”, it added.
Thus, considering the overall facts and circumstances of the case as well as keeping in view the submissions advanced on behalf of parties, the gravity of the offence and the severity of punishment, the Bench dismissed the bail application.
Cause Title: X v. State of U.P (Neutral Citation: 2025:AHC:122)
Appearance:
Applicant: Advocates Manish Kumar Dwivedi,Sonu Kumar Tiwari
Opposite Party: Government Advocate Yogesh Kumar Tripathi