Trivedi and Parashar (Advocates and Solicitors)
#METOO CASE: ANTICIPATORY BAIL GRANTED TO ACCUSED CHARGED U/S 354 OF THE INDIAN PENAL CODE, 1860.
In an FIR filed by a model/actress against an internationally renowned photographer, the Police lodged an FIR U/s 354 of the Indian Penal Code, 1860 ("IPC") which is a cognizable and non-bailable offense. Thereafter, under the apprehension of immediate arrest, the Accused represented by Harsh Trivedi, Partner, filed an Anticipatory Bail Application U/s 438 of the Criminal Procedure Code, 1908 before the Sessions Court of Bombay, Mumbai.
Mr. Trivedi argued that the contents of the FIR and the alleged #METOO post published by the Complainant on her various social media handles were prima facie blatantly contradictory and dichotomous. Therefore, the improvement in the Complainant's two versions resultantly raises serious doubts about the credibility of her statement. Further, it was submitted before the Hon'ble Court that the essential ingredients of Section 354 of IPC are not fulfilled by placing reliance on the judgment passed by the Supreme Court in S.P.S Rathore v. CBI & Ors [2017 5 SCC 817], and thus, the Applicant has been falsely implicated in the said case and the same is malicious prosecution which the Applicant is confident to prove during the course of the trial.
In view of the submissions made by Mr. Trivedi, the Hon'ble Court was pleased to grant Anticipatory Bail in the matter.