Allahabad High Court Rejects Bail Application Of A Lawyer Accused Of Rape & Other Serious Offences

Hon’ble Allahabad High Court rejected the bail application of accused/lawyer who has been charged under section 147, 323, 354, 354-K, 406, 504, 506, 376 I.P.C. The F.I.R. is lodged by none other than his client who alleged serious accusations against him. Hon’ble court further observed that the applicant/accused is not fit for bail as he can influence and tamper the evidences of the case.

BRIEF FACTS OF THE CASE

It has been alleged that she approached the applicant as his client to take up her cases and it appears that during frequent interactions, they became close and entered into relationship which includes victim to visit along with applicant and his wife to various places as well as along with applicant only to various places. Number of photographs are placed on record that victim was comfortable with applicant even in presence of his wife. The photographs also indicate that they were very close. Even certain photographs are also recovered which shows and that applicant and victim was not looking embarrassed rather comfortable even when their photographs are clicked in their birthday suits in intimating positions i.e. they were deeply involved in physical relationship also.

It was further alleged that victim has given a loan of Rs. 40 lakh to applicant as he wanted to contest an assembly election after taking it from her elder sister but applicant not only refused to return money but disappeared for some time also and on the date of occurrence, i.e. 04.01.2023, on a road nearby Court campus, a scuffle took place between victim and applicant and his associates wherein she was mercilessly beaten even on her private parts.

The applicant has posed himself to be an influential person being close to prominent persons including Judges and officers and that he was involved in preparing porn films and has shown multiple unsolicited photographs of other women and threatened the victim to act in terms of direction of applicant and even to allow him to click her photographs in intimating gestures and positions and has repeatedly made physical relationship with victim against her wishes also and has threatened of dire consequence.

CONTENTION OF APPLICANT

The learned counsel for the applicant submitted that it was only consensual relationship and victim has accompanied with applicant even along with his wife to various places and have very close intimacy with victim. Even the photographs of various places as well as intimate photographs have also been denied. He also called this as honeytrap and stated that it is she who has taken money from him. Learned Senior Advocate has further submitted that it may be a case where strong intimacy and consensual relationship between applicant and victim become sour by passing time

CONTENTION OF RESPONDENT

Prayer for bail have been vehemently opposed by learned A.G.A. for State and learned counsel for victim and submitted that applicant is an advocate only for name and his real business was to prepare porn films and for that he used his women clients earlier also and victim was also trapped in the web of porn industry

HON’BLE COURT’S OBSERVATIONS

At the very outset, Hon’ble Mr. Justice Saurabh Shyam Shamsheri observed that

“Before entering into merit of this case, it would be apt to advert to nature of relationship between a lawyer and his client which is solely founded on trust and confidence, however, the facts of present case are absolutely contrary to it.”

His lordship while further examining the law on bail observed that

“While passing an order on an application for grant of bail, there is no need to record elaborate details to give an impression that the case is one that would result in a conviction or, by contrast, in an acquittal. However, a Court cannot completely divorce its decision from material aspects of the case such as allegations made against accused; nature and gravity of accusation; having common object or intention; severity of punishment if allegations are proved beyond reasonable doubt and would result in a conviction; reasonable apprehension of witnesses being influenced by accused; tampering of evidence; character, behaviour, means, position and standing of accused; likelihood of offence being repeated; the frivolity in the case of prosecution; criminal antecedents of accused and a prima facie satisfaction of Court in support of charge against accused. The Court may also take note of participation or part of an unlawful assembly as well as that circumstantial evidence not being a ground to grant bail, if the evidence/ material collected establishes prima facie a complete chain of events. Parity may not be an only ground but remains a relevant factor for consideration of application for bail.”

The Hon’ble court however, did not find any substance in allegation of pornography against the accused as no evidence is produced before the court.

Lastly, after examining all the presented facts and evidences Hon’ble court did not find any substance to grant bail to accused and hence his bail application was rejected with a direction to trial court to record statement of victim expeditiously.

Case title :- Prakash Narayan Sharma Vs. State of U.P.

Case no. :- CRIMINAL MISC. BAIL APPLICATION No. – 10374 of 2023

Order date :- 19.05.2023