The Supreme Court of Friday granted anticipatory bail to Indian Youth Congress president B V Srinivas in an alleged harassment case. A bench of Justices BR Gavai, Aravind Kumar and P K Mishra in its May 17 order noted the Congress leader was cooperating with the ongoing investigation, reported news agency PTI. On the earlier date, the apex court had granted interim protection from arrest in the matter.
The court in its order was quoted as saying by PTI: “There is an application for grant of anticipatory bail. We had granted interim protection on May 17. The counsel for Assam opposed the grant of anticipatory bail.”
“Taking into consideration that the petitioner has cooperated in the investigation, we are inclined to allow the application. The order dated May 17 is made absolute,” said the bench.
Earlier in May, the Gauhati High Court had rejected the anticipatory bail plea of Srinivas in a case lodged by the expelled chief of Assam Youth Congress, accusing him of causing mental agony. Subsequently, on May 17, the top court sent a notice to the Assam government seeking its response to the plea by July 10.
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The bench said, "We have also perused the statement of the complainant recorded under section 164 of the Code of Criminal Procedure, 1973, which has been so graciously placed before us by the prosecution.” It further said, “We do not wish to comment anything about the same at this stage in as much as it may again have an effect on the rights of the parties at the trial.”
"Prima facie, taking into consideration the delay of almost two months in lodging the FIR, in our view, the petitioner is entitled to interim protection," the bench had further said in its order. The apex court had earlier said that in the event of arrest in connection with the case, the petitioner shall be released on anticipatory bail on furnishing solvent surety in the sum of Rs 50,000 with one or more sureties in the same amount.
The court had also directed Srinivas to cooperate in the inquiry being carried out by the National Commission for Women. However, the counsel for Srinivas had argued that all charges levelled against the IYC president under various sections, barring those under Section 354 of the IPC, are bailable in nature. Section 354 of the Indian Penal Code (IPC) relates to the assault or use of criminal force on a woman with the intention of outraging her modesty.
The alleged offence took place in Raipur in Chhattisgarh, which was beyond the territorial jurisdiction of the Dispur police station, where the case was filed, the counsel for Srinivas had said. Meanwhile, Srinivas, in his petition filed in the high court on April 26, had appealed that the FIR filed by the woman alleging mental harassment and physical manhandling be quashed immediately.
Angkita Dutta, who is the victim in the matter, in her complaint at Dispur police station, alleged that Srinivas was "persistently harassing and torturing her for the previous six months by making sexist comments, using slang words and also threatening her of dire consequences" if she kept complaining against him to senior party office bearers.
She also said Srinivas had harassed and abused her during the party's recent plenary session in Raipur. Angkita Dutta also said Srinivas had threatened to ruin her career within the party if she complained against him.