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2018 Supreme(All) 2301
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Dinesh Kumar Singh, J.
Nishant Sinha - Applicant
Vs.
State Of U.P. - Opposite Party
Bail No. 9702 of 2018
Decided On : 17-11-2018
For the Applicant : Meha Rashmi, Gantavya, Ritwick Rai
For the Opposite Party :Govt. Advocate
The severity of the offences, potential influence on witnesses, and the need to prevent the abuse of concessions granted to the accused were central to the court's decision.
Headnote:
Bail Application - Allegations of Sexual Exploitation in Badminton Academy - IPC 342, 323, 504, 506, 354A, 354A(2), 420, 406, 376, 511, 120B and POCSO Act - Sections 9(1)/9(p)/10 - 342, 323, 504, 506, 354A, 354A(2), 420, 406, 376, 511, 120B, 9(1), 9(p), 10
Fact of the Case:
The accused-applicant, holding a position in the Badminton Association, is alleged to have sexually and mentally exploited female players in the academy. The victims were threatened, physically abused, and coerced into sexual relations. The accused-applicant misused his power and position for personal gain, leading to the ruin of the players' careers.
Finding of the Court:
The court found the allegations against the accused to be credible, as supported by the victims' statements and the filed charge-sheet. The severity of the offences, potential influence on witnesses, and the status of the accused led the court to reject the bail application.
Issues: The issues revolved around the credibility of the allegations, the severity of the offences, and the potential influence of the accused on witnesses.
Ratio Decidendi: The court's decision was influenced by the severity of the offences, the potential influence of the accused on witnesses, and the need to ensure a fair trial and prevent the abuse of concessions granted to the accused.
Final Decision: The bail application was rejected due to the severity of the allegations, the potential influence of the accused, and the need to prevent the abuse of concessions granted to the accused.
JUDGMENT :
Dinesh Kumar Singh, J.
1. The present bail application has been filed by the applicant in Crime No.252 of 2017: S.T. No. 427 of 2017 under Sections 342, 323, 504, 506, 354A, 354A(2), 420, 406, 376, 511, 120B IPC and Section 9(1)/9(p)/10 Protection of Children from Sexual Offences Act.
2. The complainant was working as Chief Security Officer at Babu Banarasi Das U.P. Badminton Academy, Vipin Khand, Gomti Nagar, (hereinafter referred to as 'the Academy') and vide resolution dated 12.02.2017 passed by the Executive Committee of U.P. Badminton Association, he had been authorized to lodge the FIR against the accused-applicant and his father.
3. It is alleged that the accused-applicant was illegally and unauthorizedly holding post of Officiating Secretary of U.P. Badminton Association and his father, Vijay Sinha was the Secretary of U.P. Badminton Association. Complaints had been received against them from the players especially from the female players that the accused-applicant misusing his power and position of his father had been exploited them physically and mentally. He had also collected money for issuing 'No Objection Certificate' for various purposes. His father had full support and protection to the accused-applicant.
4. To enquire the allegations against the accused, U.P. Badminton Association appointed one man Commission of a retired District Judge. The Enquiry Commission in its report had found the allegations against the accused correct and recommended for legal action against them. The Commission's Report dated 23.01.2017 and all complaints from the players were in safe custody of the U.P. Badminton Association.
5. Four female players have made specific allegations against the accused-applicant and his father for their physical and mental exploitation. One of the female players in her complaint has said that she and her brother had taken admission in the Academy together. After sometime, her brother was forced to leave the Academy. Thereafter, the accused-applicant offered her for free training. This offer, however, was declined by the player and her family members finding in the offer smell of corruption. Thereafter, the accused-applicant asked her to have relation with him which she refused. Thereafter, the accused-applicant forbade all the players of the Academy to practice with her. Under these circumstances, she decided to leave the Academy and when the accused-applicant came to know about it, he illegally confined her in the Academy and started physically and mentally abusing her. She was threatened by the accused-applicant that he was very powerful and her guardians would not be allowed to go alive from the Academy. It was also alleged that the accused-applicant said that he had already talked to the co-accused (his father) and she would never be able to play in future. She was made to stand for 6 hours continuously and she was beaten up on the instigation by the accused-applicant. The accused-applicant snatched her phone and deleted vulgar/ obscene messages sent to her by him. Thereafter, he deleted contacts, emails etc. In the night when the guardians of the said player said that they were going to lodge the FIR against the accused-applicant then he said that nobody was required to come and the said player was free to leave the Academy anytime. Thereafter only on the next day she was allowed to go out of the Academy. At that time she was 18 years of age.
6. Second complaint was made by a player from West Bengal. She came for short term coaching at the Academy. During the national championship, the accused-applicant and his father told the guardian of the said the player that she was a talented player. The accused-applicant offered her admission in the Academy. She was told about the wonderful facilities and was shown a dream of her bright future. The guardian of the said female player got convinced and admitted her in the Academy. Thereafter, the accused-applicant and his father pressurized the said player
