The Supreme Court has granted ad-interim protection along with allowing the anticipatory bail application of Indian Youth Congress President BV Srinivas.
The case had been filed by a woman party worker alleging him of outraging her modesty.
The Bench of Justice B.R. Gavai, Justice Aravind Kumar and Justice Prashant Kumar Mishra ordered, “We have an application for a grant of anticipatory bail. By an order dated 17th May 2023, we had granted ad-interim protection in favour of the Petitioner.
Naveen Kohli, Senior Additional Advocate General for the State of Assam vehemently opposes the application. However, taking into consideration that Petitioner has cooperated in the investigation, we are inclined to allow the application.
The order dated 17th May 2023 is made absolute.
At the outset, the Bench was informed by AAG Kolhi that the Srivias was cooperating in the investigation. “He is cooperating… so whatever lordships decide”, submitted the AAG.
Srinivas had approached the Apex Court challenging the Gauhati High Court decision rejecting the anticipatory bail plea of Srinivas in a case lodged by the expelled chief of Assam Youth Congress, accusing him of outraging her modesty.
The Court had while granting the ad-interim protection noted that in the tweets as well as the interviews which the complainant has given to the various media agencies up to April 18, 2023, there is not even a whisper about the allegation which would attract the provisions of Section 354 of the Indian Penal Code, 1860 (“IPC” for short).
The Court had also observed that it was only in the FIR which was lodged on April 19, 2023, that the allegation with regard to Section 354 of the IPC surfaced for the first time.