The Allahabad High Court has recently refused to grant bail to a lawyer who has been accused of raping his client. Justice Saurabh Shyam Shamshery noted that due to the lawyer’s familiarity and intimate relationship with the survivor, giving him bail might give him the opportunity to influence the survivor.
The court also took into account the fact that the survivor’s statement had not yet been recorded by the trial court. The court also observed the disputed facts of the case and noted that the lawyer had broken the boundaries of the relationship between an advocate and their client, which later led to other financial problems as well.
The judge also highlighted that the relationship between a lawyer and their client is typically built on trust and confidence, but the facts of the case were contrary to that.
Lawyer Accused Of Rape Denied Bail
The court observed this while hearing the bail petition submitted by the accused lawyer, who was booked for rape and other offences under the Indian Penal Code.
According to the FIR report, the survivor had approached the accused in his capacity as a layer. Over a period of time, the accused gained her trust, and the two eventually got into a relationship.
The court also took into account that the survivor had frequently travelled with the accused lawyer and his wife. There were also several photos of the survivor posing comfortably with the accused lawyer and his wife. Additionally, intimate photos of the accused lawyer and the survivor were also submitted to the court.
The proofs were submitted on behalf of the survivor to convey that the lawyer has presented himself as a powerful and influential individual with contacts with prominent people, including judges and government officials.
The lawyer was also accused of being involved in the production of pornographic films and of possessing unsolicited photographs of several other women.
The survivor claimed that the lawyer had forced her to pose for intimate photos with him and allow him to take explicit photographs of her. She also added that she was forced to engage in a non-consensual physical relationship with him. She alleged that the lawyer had threatened her with dire consequences if she refused to comply with his demands. Further, she also claimed that the lawyer had taken money from her, which he refused to return later.
The lawyer’s counsel, however, stated that the relationship between the accused and the survivor was consensual. He said that the survivor was setting a honeytrap after willingly posing for intimate photos and taking money from the accused lawyer. He also added that the survivor had also blackmailed the accused.
The court noted that this could be a case of a consensual relationship gone wrong due to a monetary dispute. However, with the evidence collected, the court observed that there was prima facie evidence that indicated the lawyer had "some other interests" and was involved in other activities instead of diligently performing his work professionally. Taking all the facts into account, the court rejected the accused lawyer’s bail pleas before the survivor’s statement was recorded.
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