The Gauhati high court on Friday rejected the anticipatory bail plea of Youth Congress president BV Srinivas in a case by the expelled chief of Assam Youth Congress, Angkita Dutta in Guwahati accusing him of causing mental agony to her.
Justice Ajit Borthakur in his judgement said that the court is of the opinion that the case is not a fit one to grant the privilege of pre-arrest bail to the petitioner and as such it stood rejected.
The judge returned the case diary and also disposed of the anticipatory bail application. Opposing the bail plea, public prosecutor M Phukan argued that the petitioner had filed two pre-arrest bail applications before the sessions court in Bengaluru and both were rejected after appreciating the materials of the case diary.
He submitted that the alleged offences were related to outraging the modesty of a woman and the privilege of pre-arrest bail may not be granted in favour of the petitioner.
KN Choudhury, the counsel for Srinivas, argued that the allegations levelled against the petitioner are 'completely false and mala fide" and that the case was been filed with an ulterior motive to malign his reputation. It was done also to "avoid any litigation for making defamatory statements by the informant on social media'.
He argued that all charges levelled against the YC president under various sections, barring those under Section 354 of the IPC are bailable in nature.
Section 354 relates to assault or use of criminal force on any woman with the intention of outraging their modesty.
Besides, the alleged offence occurred in Raipur in Chhattisgarh which is beyond the territorial jurisdiction of the Dispur police station, where the case was filed, Choudhury argued.
The judge after hearing both sides observed that the victim is aged 35 years and according to the order of the Kamrup (Metro) additional chief judicial magistrate he was satisfied that she had "deposed voluntarily and without being under any pressure or influence from any side'.
The magistrate had recorded her statement after giving her two hours for reflection.
The FIR appears to have been filed on April 20 after a preliminary inquiry and the investigation is at its nascent stage, he observed.
'For these reasons as well as consideration of the various pleas taken by the petitioner and the documents he filed, the Court is of the opinion that it is not a fit case to grant the privilege of pre-arrest bail to the petition', Justice Borthakur stated.
Srinivas in his petition filed in the HC in Guwahati on April 26 had appealed that the FIR filed by Dutta alleging 'mental harassment and physical manhandling' be quashed immediately.
The court after hearing both sides had posted the matter for further hearing on May 2. As Dutta's lawyer had said that his client had not received the petition, the court had fixed the next date of hearing on May 4. The judge announced his order on May 5.
Dutta in her complaint at Dispur police station alleged that Srinivas was 'persistently harassing and torturing her for the last six months by making sexist comments, using slang words and also threatening her of dire consequences" if she kept complaining against him to the senior party office bearers.
She had also claimed that Srinivas had heckled her, held her arm, pushed and pulled her and used slang words during the party's recent plenary session at Raipur. He had also threatened to ruin her career in the party if she complained against him.
Dutta had made allegations against the YC president in a series of tweets in the micro-blogging site Twitter on April 18.
A five-member Guwahati police team went to Bengaluru on April 23 and pasted a notice at Srinivas' residence directing him to appear at Dispur Police station by May 2.
The Congress issued show cause notice to her and later expelled her from the primary membership of the party for six years for anti-party activities.
Srinivas had also served a legal notice to Dutta demanding an apology, failing which he threatened to initiate legal proceedings.
