Gujarat High Court Grants Bail To Lawyer Accused Of Drafting 'Fake' Rape Complaint To Honeytrap Businessman

The Gujarat High Court last week granted bail to a lawyer who has been accused of drafting a fake rape complaint to honeytrap a businessman in a fake rape case and thereby extorting Rs 5 lakh from him.

The Bench of Justice Gita Gopinath granted bail to one Bipin Upadhyay, an advocate practicing before the local courts in Ahmedabad, noting that what kind of professional advice was provided by him and whether his case would fall within the purview of professional ethics would be the matter which would be decided during the trial.

The matter before the Court

As per the charge sheet, one of the co-accused was made a bait to entrap the witnesses, and a threat was given to file a false complaint of rape and thereafter co-accused sought for compromise with the witnesses and demanded the money.

It was alleged that the Advocate/Applicant was a co-conspirator and the allegation was that since August/September, till filing of the complaint, a friend request was sent through Facebook, and people were made victims by giving threat of filing false applications under rape and POCSO and would extort money by way of compromise.

The act which has been attributed to the Advocate/present applicant was of writing a fake rape complaint for the purpose of its submission to police.

It was further submitted that in the said fashion all the co-accused had extorted Rs.5.00 lakhs from the complainant.

Court's observations

At the outset, the Court noted that Proviso to Section 126 of the Indian Evidence Act makes it clear that the professional communications of the advocates are protected from disclosure only to the extent of his advice to his client in the course of his professional employment and for the purpose of such employment but no such protection is given to any communication made in furtherance of illegal purpose.

Further, the Court remarked:

"The allegation made in the complaint is totally an illegal activity and the present applicant being a lawyer ought to have offered himself as a witness to the police, still, however, what kind of professional advice was provided by him and whether his case would fall within the purview of professional ethics would be the matter which would be decided during the trial."

Thus, considering the nature of allegations leveled against him and the punishment prescribed to the sections invoked in the case and when the trial will take its own time to conclude; the Court directed his release on bail.

Case title - Bipinbhai Shanabhai Parmar v. State Of Gujarat

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