Srinivas BV's bail plea in harassment case rejected by Gauhati High Court

Digital Desk: The Gauhati High Court denied anticipatory bail to Indian Youth Congress (IYC) president Srinivas BV in connection with Angkita Dutta's harassment claims.

Hearing Srinivas BV's bail before his arrest petition, Justice Ajit Borthakur stated in his order, "......consideration of the various pleas taken by the petitioner and the documents he filed, this Court believes that it is not a fit case to grant the petitioner the privilege of pre-arrest bail." As a result, the petitioner's pre-arrest bail application is denied."

The appeal was filed under Section 438 Cr.P.C. for granting the petitioner, Srinivas B.V., the privilege of pre-arrest bail in connection with Dispur Police Station Case No. 692/2023 under Sections 509/294/341/352/354/354A (iv)/506 of the IPC read with Section 67 of the Information Technology Act, 2000 (for short 'I.T. Act').

Following a complaint filed by Dr. Angkita Dutta, former president of the Assam Youth Congress, a case was filed against Srinivas BV at the Dispur Police Station.

"According to the First Information Report (FIR), the informant/victim is the former President of the Assam Youth Congress, and the current petitioner is the President of the Indian Youth Congress." The petitioner is accused of repeatedly tormenting the informant/victim woman mentally with sexist and slang comments, as well as threatening her with terrible consequences if she complained to the Youth Congress's main officeholders."

The FIR additionally states that when the alleged victim travelled to Raipur, Chhattisgarh, to attend the Congress Party's plenary session on February 25, 2023, she was met at the Mayfair Hotel by one Bhupen Bora, President of the Assam Pradesh Congress Committee (APCC), and met other high office bearers of the Congress party. 

"When she came across the petitioner at the hotel's entrance, he heckled her by holding her arms and threatened her with slang words." It is also stated that "despite complaining on several occasions to the high office bearers of the Congress Party about the petitioner's persistent unwarranted conduct, her complaint did not yield any result, and as a result, she lodged the instant FIR," according to the order copy.

According to K.N. Choudhury, distinguished Senior Counsel acting for the petitioner, the FIR was filed to slander the petitioner's character and avoid any lawsuit for defamatory allegations made by the informant on social media against him.

Also Read: FIR filed against Assam's MLA Suzam Uddin Laskar for passing extremely unparliamentary words

"M. Phukan learned Public Prosecutor, submits that the petitioner had filed two pre-arrest bail applications before the learned Sessions Court in Bengaluru, Karnataka, and both of the said petitions were rejected after appreciating the materials on the case diary." Phukan also claims that the petitioner was served with a notice under Section 41A of the Cr.P.C. summoning him to appear before the Officer-in-Charge of Dispur P.S. on May 2, 2023, at 11 a.m. However, according to Phukan, the petitioner has not complied with the said notice to avoid being arrested in connection with the aforementioned non-bailable offence under Section 354 of the IPC as per Section 41A(3) Cr.P.C. "Phukan submits that the victim has implicated the petitioner in the alleged offences in her statements recorded under Sections 161 and 164 Cr.P.C.," it stated.

"Phukan contends that because the accusations are all related to offending the modesty of the informant woman, the petitioner should not be granted pre-arrest bail." A review of the victim woman's allegations under Sections 161 and 164 Cr.P.C. reveals that she has implicated the petitioner in the purported offences. According to the order copy, the alleged victim is around 35 years old. "The learned Addl. Chief Judicial Magistrate, Kamrup (M) at Guwahati in the said case, who recorded the victim's statement under Section 164 Cr.P.C. after giving her two hours for reflection and thereafter, on being satisfied that she deposed voluntarily and without being under any pressure or influence from any side."

According to the order copy, the FIR appears to have been registered on 20.04.2023 following a preliminary investigation by a Police Officer, and the investigation is still in its early stages.

"For the foregoing reasons, as well as taking into account the petitioner's various pleas and the documents he filed, this Court believes that it is not a fit case to grant the petitioner the privilege of pre-arrest bail. As a result, the petitioner's pre-arrest bail application is denied. Please return the case diary. This concludes the anticipatory bail application," the order copy stated.

On the other hand, Crl. Pet. No. 377/2023 filed by Srinivas BV under Section 482 Cr.P.C., requesting, among other things, for the quashing of the aforementioned matter, has been dismissed vide Judgement and Order dated 04.05.2023.

On April 22, Angkita Dutta, the former president of the Assam Youth Congress, was dismissed from the party for anti-party activities.