Judgement of the Day - Shailendra Singh Chauhan v. State Of U.P. & Another

Case No.: BAIL No. - 5862 of 2020


Facts

A young practicing lawyer filed an FIR in Vibhuti Khand Police Station stating that she was sexually harassed by Shailendra Singh Chauhan in his chamber. Accused approached the High Court stating that the allegations levied against him were false and the court granted interim relief from arrest to Chauhan. Meanwhile, the Court had granted time to the Complainant's lawyer to file a reply in the matter. Victim’s friend filed a petition apprehending that there can be a hindrance in the investigation of the aforesaid case because of the dominion of the accused in the state, so he should not be released on bail.


Judgement

The Court observed that Section 438 of the Code of Criminal Procedure states the provision of anticipatory bail if the accused has "reasonable apprehension" of being arrested for committing a non-bailable offence. The main objective of this provision is to protect a person from being unnecessarily jeopardized. Further, the court explained that the expression “reasonable belief" fosters a belief of genuine belief the apprehension of the arrest for an allegation which prima facie is insubstantial and made with an ominous motive. It was enunciated that Reasonable belief is not a colorable belief, the main purpose of keeping the accused in custody is to secure his presence in the court during the trial and it is the discretion of the court to accept or reject the application of anticipatory bail. The Court released accused on interim bail and asked him to execute a personal bond of Rs.50, 000/- (Rupees Fifty Thousand).

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