The Allahabad High Court last week 'consciously' declined to hear an advocate appearing for the complainant in a bail hearing who was standing in "some noisy and hustling area" and thus, the Court was finding it extremely difficult to gather anything as to what he was arguing.
The Bench of Justice Rahul Chaturvedi, however, went ahead to hear the matter with the aid and help of the A.G.A., and granted Bail to a rape accused noting that the victim herself blasted the prosecution story to its core.
The matter in brief
The Court was hearing a bail plea filed by the applicant booked under u/s 363, 376 I.P.C. and Section ¾ of the Protection of Children From Sexual Offences Act and Section 3(2)(V) of SC/ST Act.
His counsel argued that the victim girl was not a High School student and as per the radiological report her age came out to be 19 years.
It was submitted that in her statement recorded under 161 and 164 Criminal Procedure Code 1973, she had clearly indicated that she herself had joined the company of applicant and went to Dehradun and from there to Barampur and has spent about 2-3 days with the applicant without any objection or resistance.
Lastly, averring that she herself (in her statements) blasted the prosecution story to its core, it was argued that she was in a consensual relationship with the applicant.
On the other hand, the A.G.A., while opposed the prayer for bail did not dispute the above facts.
Therefore, the Court granted him bail while observing thus:
"Keeping in view that the victim is major and she has blasted the prosecution story in her statements, the nature of the offence, evidence on record regarding the complicity of the accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail"
In related news, the Allahabad High Court recently reprimanded a Lawyer who appeared through VC mode accompanied by another person who was visible on screen, "bare body and without a shirt"
The Allahabad High Court termed the act of the lawyer as 'unacceptable' who was trying to dress himself up while the Court was dictating the Order in a bail application.
Earlier this month, the Allahabad High Court had also pulled up a lawyer who, while sitting in the car, was trying to argue the case from the car itself. The Allahabad High Court had also directed the Registrar General, High Court to frame a set of rules for 'do's and don'ts' for the lawyers while addressing the Courts.
The Court expressed its shock when the learned counsel for a bail applicant while sitting in a car, wanted to address the Court on the merits of the case and remarked:
"The lawyers must bear in their mind that they are participating in a solemn proceeding before the courts and not sitting in their drawing rooms or passing leisurely time."