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Synopsis

The Allahabad High Court at Lucknow on Thursday denied pre-arrest bail to Jitendra Narayan Tyagi Alias Syed Waseem Rizvi in a rape case where allegations are that Tyagi raped his driver's wife on multiple occasions after sending the driver out of the city.

The FIR in the case was lodged in year 2021 wherein the victim stated that for the first time, Tyagi committed rape in the month of February 2021, and thereafter, on multiple occasions he repeated it. 

Seeking anticipatory bail in the matter, Tyagi moved an application before the high court. His counsel contended that he had been falsely implicated in the case which was lodged on account of his driver's enmity with him. The counsel said that apart from the delay of more than five months in lodging the FIR, the driver's admission before one Anjum Askari @ Raju that the FIR had been falsely lodged by his wife threw a cloud of suspicion over the whole prosecution story.

Tyagi's counsel further submitted that due to Tyagi's ideology, he is being continuously targeted by a section of society, who are annoyed with him. It is known that the driver namely Salman Haider has been won over by his enemies, he claimed.

He further alleged that when the driver became a potential threat to Tyagi's life and liberty, Tyagi discontinued his services as his driver and in retaliation, the driver cooked up a false case against Tyagi.

Therefore, while stressing that Tyagi is a respectable citizen and had enjoyed the position of Chairman of the Shia Waqf Board, the counsel for Tyagi sought pre-arrest bail.

On the other hand, the counsel for the complainant/informant opposed the bail vehemently stating that Tyagi is accused of committing a heinous offence, and keeping in view the manner in which the offence had been committed, he is not entitled for anticipatory bail.

The counsel further submitted that Tyagi is an absconder enjoying a very high position and is a person having resources. He alleged that under Tyagi's influence, the investigation is being delayed and in this regard, the informant/prosecutrix was compelled to approach the high court by filing a Writ Petition (M/B) No. 30880 of 2021, whereby certain directions were given by the division bench of the high court.

The single judge bench of Justice Mohd. Faiz Alam Khan observed that perusal of the case diary which had been supplied by the State revealed that the first information report of this case could only be lodged after an order passed by the Magistrate under Section 156 (3) CrPC.

It is also evident that affidavits have also been given by the husband of the informant as well as by the informant stating that he is being pressurized to withdraw the case and the informant/victim is also apprehending threat to her life, court noted. 

Court further emphasized that it was also evident that on various applications moved by the informant/victim, the Additional Chief Judicial Magistrate, Lucknow had directed the investigating officer to conclude the investigation in a fair manner and with expedition and the Magistrate vide its order dated January 13, 2022 had also directed the investigating officer to conclude the investigation within 15 days.

"....(However,) it was on 20.12.2022 the investigating officer for the very first time started searching the whereabouts of the applicant and thereafter on various occasions the applicant was searched but his whereabouts could not be traced," court noted. 

Therefore, while taking note of the fact that on January 30, 2023, non-bailable warrants had also been issued against Rizvi, court opined that prima facie there was substance in the apprehension of the informant/victim.

Accordingly, court rejected Tyagi's plea while stating that it did not find any good ground to provide protection from arrest to him. 

Recently, in a matter pertaining to the alleged hate speech at Haridwar Dharam Sansad that happened in December 2021, the Supreme Court refused to quash the FIRs registered against Tyagi.

Tyagi converted to Hindu Religion in Shiv Shakti Temple, Dasna, District Ghaziabad according to Sanatan Dharam on December 6, 2021. Before that, Tyagi was a senior position holder on Shia Waqf Board. 

Case Title: Jitendra Narayan Tyagi Alias Syed Waseem Rizvi v. State of UP and two others