Calcutta HC Adjourns Hearing Of Anticipatory Bail Applications Of BJP Leader Kailash Vijayvargiya, 2 Others In Sexual Assault Case

The Calcutta High Court on Monday adjourned the hearing of anticipatory bail applications of BJP Leader Kailash Vijayvargiya, RSS member Jisnu Basu, and Pradeep Joshi in a sexual assault case in view of the fact that a Special Leave Petition (SLP) has been filed before the Supreme Court against an order of the High Court setting aside the order of the Chief Judicial Magistrate at Alipore and directing the lodging of an FIR against the accused persons. 

In the instant case, it had been alleged by the victim woman that Vijayvargiya had called her to his flat wherein the bail applicants committed rape on her, one after another, and she was forced to leave the flat in a vegetated condition. 

A Bench comprising Justices Debangsu Basak and Rabindranath Samanta on Monday was informed by senior advocate Paramjit Patwalia appearing for petitioner Jisnu Basu, that a bench of Justices M.R Shah and A.S Bopanna of the Supreme Court is slated to hear the SLP on Monday. As a result, the senior counsel prayed for an adjournment of hearing of the anticipatory bail applications. 

Accepting this contention, the Bench observed on Monday that considering the fact that the SLP before the Supreme Court will have a 'material bearing' on the three anticipatory bail applications, it was directed that the bail applications must be listed for further hearing on October 27. 

The Court further ordered that the interim protection granted to the petitioners by the High Court vide order dated October 14 must continue till November 1 or till some further order is passed whichever is earlier. A Bench of Justices Harish Tandon and Kausik Chanda had on October 14 granted anticipatory bail to the three petitioners till October 25 after observing that the findings of the High Court in setting aside the order of the Chief Judicial Magistrate at Alipore suffered from 'glaring infirmity and inconsistency'. 

Senior advocate Bikash Ranjan Bhattacharya appearing for the de-facto complainant on Monday vehemently objected to the adjournment of hearing of the bail applications by contending that the accused persons are 'highly influential' and that if they are allowed to remain on bail they might tamper with the evidence. He further apprised the Court that the victim lady is being threatened by the accused persons on a daily basis. 

It was thus submitted by senior counsel Bhattacharya that the pendency of the SLP before the Supreme Court is no ground for an adjournment and thus he urged the Court to hear the bail applications on merits. 

The counsel appearing for the State apprised the Court that subsequent to the order of the High Court on October 14, medical examination of the victim had been conducted. Furthermore, statements of the victim under Sections 161 and 164 of the CrPC had been recorded. 

The State also submitted as evidence whatsapp chats between advocate Kabir Bose, counsel for the petitioners and the victim wherein the counsel had allegedly offered money to the victim in lieu of withdrawing the case. 

Pursuant to a perusal of the rival submissions and the evidence on record, the Bench listed the matter for further hearing after 2 days i.e. on Wednesday. 

Background 

As alleged by the victim woman, Vijayvargiya had called her to his flat wherein the bail applicants committed rape on her, one after another, and she was forced to leave the flat in a vegetated condition.

Further, it was alleged that since thereafter, she was physically assaulted on multiple occasions; more precisely, 39 times on diverse dates and places, and ultimately two complaints were lodged, dated December 20, 2019 u/s 341/506(ii)/34 of the Indian Penal Code and u/s 341/323/325/506/34 of the Indian Penal Code, however, no FIR was registered.

Thereafter, an application under Section 156(3) of the Code of Criminal Procedure was filed on November 12, 2020, which was dismissed by the CJM, Alipore. The said order was assailed before the High Court by filing the Criminal Revisional Application. The said criminal revision application was allowed by the HC, setting aside the order of the CJM, Alipore, and the matter was remitted back for reconsideration to the CJM, Alipore.

Finally, on October 8, 2021, and solely on the basis of the directions/orders passed by the High Court, CJM Court had directed the complaint to be treated as FIR.

Case Title: Kailash Vijayvargiya v. State of West Bengal 

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