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Delhi Court Upholds Cancellation of Anticipatory Bail for Rajan Kumar @ Ashu Chauhan

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Case title: RAJAN KUMAR @ ASHU CHAUHAN VS STATE OF N.C.T OF DELHI

Case no: BAIL APPLN. No.2112/2023 & CRL.M.A. 16653/2023 (Stay)

Dated on: May 21, 2024

Quorum: HON’BLE MR. JUSTICE AMIT SHARMA

Fact of the case:

The case involves an application for anticipatory bail filed by Rajan Kumar @ Ashu Chauhan under Section 438 of the Code of Criminal Procedure, 1973. On 24th September 2022, two PCR calls were received by PS Vasant Kunj (South) regarding a quarrel and subsequent medical examination of the injured at ISIC Hospital, Vasant Kunj, New Delhi. Members of the Residents Welfare Association (RWA) of Vasant Kunj Enclave were holding a peaceful demonstration outside Calvin Studio & Gym. Later, they were confronted by Rajan Kumar @ Ashu Chauhan and his associates. After the RWA members returned to their meeting place, the petitioner, along with his associates, allegedly arrived with weapons and assaulted Manoj Arya, Manish Agarwal, and Naveen Chander Bhatt. The assault led to grievous injuries and the theft of two gold chains and two mobile phones from the victims. CCTV footage collected from the vicinity showed the arrival and involvement of the petitioner and approximately 30 associates in the incident. The footage also showed the presence of police personnel who did not intervene. The court reviewed substantial evidence, including CCTV footage and witness statements, leading to the consideration of the current application for anticipatory bail.

 Issues framed by court:

Whether the petitioner should be granted anticipatory bail considering the nature of the allegations and the evidence presented?

Whether the petitioner violated the conditions of the previous anticipatory bail granted on 19th October 2022?

Whether the anticipatory bail granted earlier should be cancelled due to these alleged violations?

Legal provisions:

Section 438 of the Cr.P.C.: Deals with the provision for anticipatory bail.

Relevant Sections of the IPC: Sec. 323 (Punishment for voluntarily causing hurt), Sec. 325 (Punishment for voluntarily causing grievous hurt), Sec.341 (Punishment for wrongful restraint), Sec. 506 (Punishment for criminal intimidation), Sec.509 (Word, gesture or act intended to insult the modesty of a woman), Sec.379 (Punishment for theft), Sec.452 (House-trespass after preparation for hurt, assault or wrongful restraint), Sec.147 (Punishment for rioting), Sec.148 (Rioting, armed with a deadly weapon), Sec.149 (Every member of unlawful assembly guilty of offense committed in prosecution of common object), Sec.34 (Acts done by several persons in furtherance of common intention).

Section 30 of the Arms Act, 1959: Punishment for contravention of license or rule.

 Contentions of Appellant:

The petitioner denied all allegations of assault and theft. He claimed that he was not involved in the incident in the manner described by the prosecution. He contended that he complied with the conditions set during the previous anticipatory bail and that the alleged violations were either misunderstandings or minor infractions that do not warrant the cancellation of bail. He assured the court that he would continue to cooperate with the investigation and would not interfere with witnesses or tamper with evidence.

Contentions of Respondents:

The respondent argued that the nature of the offenses, including assault, theft, and intimidation, is severe and justifies denying anticipatory bail. The prosecution presented evidence that the petitioner had violated the conditions of his previous anticipatory bail by visiting the area and conducting meetings without prior intimation to the investigating officer, and by allegedly threatening local residents. The respondent emphasized that the petitioner posed a threat to the witnesses, as evidenced by his actions post-grant of bail, and that his bail should be cancelled to prevent further intimidation or interference in the investigation.

 Court analysis & Judgement:

The court reviewed the evidence, including the statements of victims, witness testimonies, and CCTV footage that corroborated the presence and involvement of the petitioner in the incident. The court found substantial evidence that the petitioner had violated the conditions of the anticipatory bail granted on 19th October 2022, which mandated that he not visit the area without prior intimation and that he refrain from intimidating witnesses. The court concluded that the petitioner’s actions posed a significant risk to the integrity of the investigation and the safety of witnesses.

The court dismissed and disposed of the application for anticipatory bail and upheld the cancellation of the previously granted anticipatory bail. The court directed that the petitioner be taken into custody, highlighting the need to ensure a fair and uninfluenced investigation.

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Judgement Reviewed By- Antara Ghosh

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“The High Court of Karnataka Grants Anticipatory Bail to Rape Accused Due to Lack of Evidence of Coercion or False Promises in Allegations.”

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Case Title – Varun Kumar Vs. State of Karnataka

Case Number – Criminal Petition No. 2020/2024

Dated on – 18th April 2024

Quorum – Justice Rajendra Badamikar

FACTS OF THE CASE

In the Case of Varun Kumar Vs. State of Karnataka, the Appellant, Varun Kumar, instituted a petition under Section 438 of the Criminal Procedure Code, 1973 seeking anticipatory bail in apprehension of his arrest in Crime No. 50/2024 of the Jnanabharathi Police Station, Bengaluru. The present case concerns the allegations of offenses under Section 376(3) of the and Section 420 of the Indian Penal Code, 1860 as well as Section 4(2), 5(L) and 6 of the Protection of Children from Sexual Offenses Act, 2012 (POCSO Act). The Complainant in the present case (further referred herein as “Victim”) claimed that the Appellant started profaning her on Instagram, when she was in the minor age of 16 years old in 2018, despite her disinterest. The Victim accused the Appellant of frequently raping her from 2019 to 2023 in various locations on the pretence of uploading on social media, the intimate pictures taken by him of the Victim.

CONTENTIONS OF THE APPELLANTS

  1. The Appellant, through their counsel, in the present case contented that the relationship between the Appellant and the Victim was consensual and that it started when both were majors.
  2. The Appellant, through their counsel, in the present case contented that the family of the Victim is influential and is behind the allegations put forth on the Appellant.
  3. The Appellant, through their counsel, in the present case refused any coercion or false promise on the pretext of a marriage and affirms that their families initially were in support of their relationship and approved the same.

CONTENTIONS OF THE RESPONDENTS

  1. The Respondentss, through their counsel, in the present case contented that the Appellant committed rape and exploitation under the pretence of love and marriage.
  2. The Respondentss, through their counsel, in the present case contented that the influence of the Appellant poses a menace of fiddling with witnesses and evidence.
  3. The Respondentss, through their counsel, in the present case contented that the recent demise of her father, the Victim is vulnerable.

LEGAL PROVISIONS

  1. Section 376(3) of the Indian Penal Code, 1860 prescribes the Punishment for committing the offense of Rape of a woman under the age of Sixteen years as rigorous imprisonment for a term not less than twenty years which may extend to life imprisonment which shall mean the natural life of the person as well as fine as required for the medical expenditures as well as the expenditure of rehabilitation of the victim.
  2. Section 420 of the Indian Penal Code, 1860 prescribes the Punishment for committing the offense of Cheating as imprisonment for either description of a term which may extend to seven years as well as fine.
  3. Section 4(2) of the POCSO Act, 2012 prescribes the Punishment for committing penetrative sexual assault on a woman less than sixteen years of age as imprisonment for a term not less than twenty years which may extend to the natural life of the person as well as fine.
  4. Section 5(L) of the POCSO ACT, 2012 defines Aggravated Penetrative Sexual Assault.
  5. Section 6 of the POCSO ACT, 2012 prescribes the Punishment for committing Aggravated Penetrative Sexual Assault on woman below the age of sixteen years as rigorous imprisonment for a term not less than twenty years which may extend to life imprisonment which shall mean the natural life of the person as well as fine.

ISSUES

  1. The main issues in the present case revolves around whether the carnal relationship between the Appellant and the Victim was consensual or coerced?
  2. Whether the Appellant poses a menace of fiddling with the evidences or witnesses?
  3. Whether the influence of the Appellant or the family background of the Victim affects the case?

COURT ANALYSIS AND JUDGMENT

The court in the case of Varun Kumar Vs. State of Karnataka, observed the consensual relationship between the Appellant and the Victim which lasted for several years. The court focused on the influential family background of the Victim and questioned the reliability of the allegations put forth against the Appellant and that the delay in instituting the complaint and the continued relationship between the Victim and the Appellant raised doubts on the legitimacy of the allegations against the Appellant. The court, taking into consideration, the facts and circumstance of the present case, grants the anticipatory bail to the Appellant, imposing certain conditions to ensure his coordination with the process of investigation.

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Judgement Reviewed by – Sruti Sikha Maharana

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The Bombay HC orders interrogation on advocate for fraudulent activities while issuing bail.

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TITLE : Hiral Chandrakant Jadhav v The State of Maharashtra

CORAM : Hon’ble Justice Sarang V. Kotwal

DATE :  3rd  January 2024

CITATION : Anticipatory bail application No. 3699 of 2023

FACTS

The applicant was seeking anticipatory bail under Section 420, 466 ,465, 467, 468, 471 of the IPC. The offence committed was considered to be extremely serious. The main offence was punishable under Section 302 of IPC. The applicant is a lawyer who has assured the informant of the crime that a bail would be granted and took Rs.65000 as fees. The presiding officer upon receiving application has given bail for Rs.25000. Subsequenlty, the amount was paid by the informant. The prison officials at thane told the informant that the envelope did not contain the receipt for 25000 and the documents were incomplete. The applicant then sent another envelope which was not returned for. The same was done for twice again. Upon enquiry, the informant realized she was being cheated by the applicant.

LAWS INVOLVED

Section 466 of IPC :

  1. Forgery of record of Court or of public register, etc.

 Whoever forges a document or an electronic record, purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

ISSUES

Whether the applicant is guilty of the offence under Section 466 of IPC

JUDGEMENT

The court disagreed with the contentions of the counsel of the applicant that there was no fraudulent intention. “In fact, her act cannot be described in any other manner but ‘dishonest’ and ‘fraudulent’. The court said that the informant could have pursued the bail application of her husband accordance with law.

The court stated that being an advocate the applicant must not have cheated the informant and held that no leniency can be shown. The court further observed that there might be a strong possibility of a continuous offence and ordered for custodial interrogation against the applicant.

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Written by- Sanjana Ravichandran

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The High Court of Gujarat discarded the matter to grant anticipatory bail to the Accused of Impersonation in the exam – Candidates Burn Their Midnight Oil to Secure Government Jobs

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CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 18552 of 2023

Case Title : AJAYRAJ @ VIJENDRASINH KIRODILAL MEENA Versus STATE OF GUJARAT

CORAM: Justice Hasmukh D. Suthar

Appearance

Applicant : Mr. HB CHAMPAVAT

Respondent: MS SHRUTI PATHAK

Introduction

In the current evolution, the High Court of Gujrat situated at Ahemadabad has declined the anticipatory bail to a petitioner accused of forgery and cheating in the competitive government examination for the post of clerk.

The above-mentioned case which dates back to 2014 has lifted questions about the applicant’s asserted involvement in creating forged documents and Impersonation.

Facts of the case

The Investigation papers reflect that the offence was committed in the year 2014 and the FIR and charge sheet were filed in the year 2016 however, the applicant is absconding to date i.e. since last more than 7 years.

the applicant is facing a serious charge of the offense of forgery according to which the applicant created forged documents and appeared in a competitive examination for the post of Clerk by adopting illegal means on behalf of some other person. So far the competitive examination is concerned, with misconduct, misbehavior, malpractices, and cheating.

The advocate for the applicant submitted that the present applicant is falsely enrolled in the offense and has nothing to do with the offense. Further, the applicant has not played any active role insofar as an offense of forgery in the FIR. The alleged offence took place in the year 2014 whereas the FIR was filed in the year 2016 based on a private FSL report. Further, the applicant is shown as an absconder in the charge sheet but the police have never visited the place of the present applicant. Further, the applicant is ready and willing to cooperate and join the investigation.

 

It is observed that as the accused remained absconder for 7 years, this is not a fit case to exercise the jurisdiction in favor of the applicant. – Justice Hasmukh D. Suthar

Analysis by the court

Seriousness of the Offense: The court highlighted the seriousness of the charges, especially in the context of malpractices in competitive examinations. Quoting a previous Supreme Court decision, it emphasized the need to curb malpractices and maintain high educational standards.

The court considers the seriousness of the charge prima facie involvement of the accused and the possibility of tempering with pieces of evidence, The court finds that it will not be proper to use discretion in favor of the applicant accordingly.

the application for anticipatory bail is dismissed.

The rule is hereby discharged.           

 “PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal falls into the category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By

Kaulav Roychowdhury

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Delhi High Dismissed the Anticipatory bail due to the nature of gravity of offences committed.

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Title: RAKESH KUMAR vs State (GNCTD)

Reserved on: 17.05.2023

Pronounced on: 14.07.2023

+ BAIL APPLN. 1571/2023

CORAM: HON’BLE MR. JUSTICE RAJNISH BHATNAGAR

Introduction

Delhi High Dismissed the anticipatory bail filed under section 438 of CrPC on the grounds of nature of gravity of offence.

Facts of the case

The prosecution’s assertion of the case’s facts is that the complainants are the actual and legal owners of the subject property, which is identified as C-132 (Old Number: C-143) Plot No. 1-2, Amar Colony, Block C, East Gokul Pur, Delhi, and totals 345 square yards of ground.

As stated GPA dated 18.09.2019 had been recorded in Register No. 1774, Book No. 4, Volume No. 1 at the Sub Registrar’s Office in Vivek Vihar, New Delhi. It is also said that the complainant, Jai Prakash Pal, is claiming ownership of an additional 105 square yards of the subject property with the parcel number C-132 through his daughter Sarita, who acquired it under a GPA and agreement to sell dated 12.09.2001. According to Register No. 1775, Book No. 4, Volume No. 266 at the office of the Sub Registrar, Vivek Vihar, New Delhi, the GPA in favour of Jai Prakash Pal from his daughter Sarita has also been recorded.

It is claimed that Jiten Mahajan, the complainant, became the owner of the subject property as a result of a GPA that his father, Sukhdev Raj Mahajan, allegedly completed in his favour for land having the number C-132 and measuring 240 square yards in Plot No. 1-2, Khasra No. 796/705/2, Block C, Amar Colony, East Gokul Pur. Furthermore, it is stated that the complainant’s father issued a gift deed and a possession letter/will in his favour regarding the aforementioned property.

The complainants contend that they learned that the accused and his friends were attempting to interfere with their control of the property in question and had already inhabited it. After the incident was reported, the current case, FIR No. 283/2023, was created.

Analysis of the court

It should be noted right away that there is no disagreement regarding the identity of the property in question, despite the petitioner’s learned senior counsel’s contentions that the Khasra Nos. are different and the properties are different properties during the course of the arguments. However, according to the petitioner’s paperwork, the properties in question are the identical ones for which the current FIR has been lodged against the petitioner.

According to the petitioner, the property in question was sold by him on 29.12.2022 to four persons by way of sale deed for a consideration of Rs. 1,65,00,000/- but the petitioner has not even placed a single document on record in regard to this money transaction and has even failed to submit as to how this amount was paid to him by the buyers of the property in question.

Conveyance deed dated 3.11.2022, according to DDA, is a falsified document. On the basis of this conveyance document, the petitioner later sold the property against a registered sale deed. On the same date, 12.01.2023, Deputy Director (PC-104) of PM-UDAY notified the SHO of PS Laxmi Nagar about the forged and fabricated conveyance deed dated 03.11.2022 in favour of the present petitioner using the name and style of DDA. Even DDA had cancelled the forged conveyance deed dated 03.11.2022 that is in the name of the petitioner herein.

The petitioner has relied on GPA dated 26.08.1994, GPA dated 06.02.1985, GPA dated 10.07.1985, and GPA dated 30.05.1989 to establish the title to the property in his favour. The petitioner has also cited a sales agreement signed by Smt. Rewti Dass on May 30, 1989. The examination of these documents reveals that they have been notarized, but the notary’s seal is not legible, and even the name, enrollment number, and registered number have not been mentioned on these notarized documents. In these circumstances, the petitioner must be interrogated in custody to uncover the conspiracy and learn how these documents were notarized, as well as whether a particular notary is in existence and whether the entries are present with the notarial seal.

The FIR against the petitioner has been lodged under Sections 420/467/468/471/447/448/120B/34 IPC, and the maximum punishment is up to life in prison. The charges against the petitioner are grave and serious in character. Because there is no evidence supporting bail, the application is denied.

“PRIME LEGAL is a full-service law firm that has won a National Award and has more than 20 years of experience in an array of sectors and practice areas. Prime legal fall into a category of best law firm, best lawyer, best family lawyer, best divorce lawyer, best divorce law firm, best criminal lawyer, best criminal law firm, best consumer lawyer, best civil lawyer.”

Written By – Shreyanshu Gupta

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