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Allahabad High Court · body

2013 DIGILAW 3091 (ALL)

Mohammad Shabbir v. State of U. P.

2013-12-18

KARUNA NAND BAJPAYEE

body2013
Karuna Nand Bajpayee, J. – This application under section 482 Cr.P.C. has been filed seeking direction to the Court below to consider and de­cide the bail application of the applicant on the same day in Case Crime No. 1268/2013 under sections 354, 509, 354A(1) I & II I.P.C., P.S.-Civil Lines, District-Aligarh. 2. The contention of Counsel for the applicant is that the offences in­volved in the present case are of trivial nature and as the applicant is the Pro­fessor & Chairman of Law Department in Aligarh Muslim University, the event of delay in disposal of his bail applica­tion might cause unnecessary incarcera­tion of the applicant which in its turn is likely to bring down his prestige in the Society. The Counsel prays for some protective direction in order to secure the expeditious disposal of bail applica­tion on the same day which the appli­cant proposes to move before the Court below. 3. In rebuttal the A.G.A. contends that the gravity of the offence is of course not an irrelevant consideration while issuing some protective direction with regard to the expeditious disposal of bail but in the matter at hand, con­trary to the submissions made by appli­cant's Counsel, the perusal of the F.I.R. would reveal the seriousness of the of­fence in which the applicant has em­broiled himself. The contention is that it is an incident where the Professor and Head of the Law Department has made a brazen reprehensible attempt to mo­lest and outrage the modesty of his own student who was an innocent girl and had gone to him in connection with some project on which she was working. The contents of the F.I.R. reveals a woe­ful narration given by a badly shaken and crest fallen girl about the coarse obscene overtures made by the appli­cant in the solitude of a room and as to how, behaving like an ordinary lecher possessed and blinded by his lascivious instincts, he committed the alleged amo­rous onslaughts against the chaste mod­esty of the victim. The submission of the A.G.A. is that there are certain relations which have been treated as sacrosanct throughout the ages and the relation­ship between a student and her teacher is one of the most sacred relationship signified by complete faith and dignity. The submission of the A.G.A. is that there are certain relations which have been treated as sacrosanct throughout the ages and the relation­ship between a student and her teacher is one of the most sacred relationship signified by complete faith and dignity. The way in which the accused delin­quent Professor has tried to exploit a girl student and the way he tried to misutilize his authority as Head of the Department and also the way in which he attempted to defile and desecrate the chastity of the girl cannot be condemned enough by words. It is a case in which the protector has himself become an ex­ploiter and the most respected solemn position of authority was debased in committing acts which touch the abys­mal depravity of character. The A.G.A. has vehemently opposed the prayer and contends that matter like this should not be soft-pedaled by the Court, lest it should send out a wrong message to the society that the sanctified ambience of so very famous an institution, hitherto known for being a symbol of rich cultural heritage, has now become so vul­nerable and unsafe for its own pupil. 4. I have gone through the record and considered the rival arguments placed before the Court. 5. The suitability and appropriate­ness of hearing the bail applications on the same day or to decide the other legal modalities associated with the hearing on the point of bail are matters of lower Court's discretion. Ordinarily this Court does not arrogate the same to itself and is loath to issue specific directions in this regard. The lower Courts have sufficient powers to look into the feasibility of the course which they ought to adopt in a given case and this Court has an implicit faith that the Courts below should exer­cise that discretion in accordance with law and with circumspection. Of course there may be cases where the impelling facts and circumstances of the matter involved may persuade the Court to issue positive direction in this regard so that the ends of justice may not be defeated but that is not in ordinary course. 6. Of course there may be cases where the impelling facts and circumstances of the matter involved may persuade the Court to issue positive direction in this regard so that the ends of justice may not be defeated but that is not in ordinary course. 6. To speak the least the contents and allegations revealed from the F.I.R are abominable and shocking both without dwelling upon any further on this matter suffice it to say that I do not see any justification of this court to issue any such direction as has been sought, to to give any king of relief to the applicant whatsoever. 7. The application stands dismissed. Application Dismissed. ___________