Allahabad High Court (Lucknow Bench) denied an anticipatory bail application on 11/07/2024 under Bharatiya Nyaya Sanhita on grounds that the applicant had misused his position as a reporter and even blackmailed and extorted money using his position in the past.
FIR was lodged against accused Chandra Vijay Yadav on grounds that he allegedly hurled abuses and demanded extortion money from the victims who belonged from a marginalised caste background. The FIR was lodged under sections 323, 341, 386, 504, 506 IPC and sections 3(2)(va), 3(1)(da) SC/ST Act, P.S. Kotwali City, District Hardoi.
In support of the anticipatory bail application, the Counsel for accused argued that allegations pertained to 24.11.2023 whereas the application under section 156(3) Cr.P.C. was filed on 08.04.2024 after substantial delay. He further argues that on similar allegation, a complaint was made on IGRS Portal and after preliminary inquiry, it was recorded that there was no material for any police enquiry.
It was further argued that the applicant being a news reporter had made a complaint against the police officials in which a departmental enquiry was initiated and censure entry was passed against certain police personnels, as such, in sequel to the said, the present FIR has been filed.
The application for anticipatory bail was opposed on grounds that there were several other charges against applicant in the past under the Income Tax Act and the applicant had even resorted to blackmailing and extortion in those cases in the garb of being a news reporter.
The anticipatory bail application was rejected after consideration of arguements from both sides. Accused however was granted rights to apply for normal bail in future.
Judgment & Citation:
Chandra Vijay Yadav Alias C.V Azad vs. State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Lko And Another, CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. – 1511 of 2024.
Legislations referred to:
Bharatiya Nyaya Sanhita, 2023
Sections 323, 341, 386, 504, 506 of Indian Penal Code, 1860
Section 156(3) of Code of Criminal Procedure, 1973
Sections 3(2)(va), 3(1)(da) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989
Reported by: Sakkcham Singh Parmaar
Read the complete judgment/order.
