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Rejecting anticipatory bail filed by a judicial officer accused of attempting to rape his subordinate court employee, Sessions Judge Jyotsna Sharma of Jhansi (Uttar Pradesh) observed that a woman employee has to gather a lot of courage before laying such serious allegations against her superior. Accordingly, she rejected accused's contention that allegations were made up. 

Judge Sharma stated in the order, 

"I perused the contents of the FIR which appear to be quite serious and highly offensive against the applicant. This fact cannot be ignored as argued by the D.G.C. (Crl.) that it takes a lot of courage for a woman employee to make the imputations of such a serious nature against that very P.O. under whom she has been working."

Kautilya Gaur, Presiding Officer of Commercial Court, Jhansi had filed his pre-arrest bail plea alleging that victim's one leave application had been rejected, therefore, she was resorting to such tactics. He had contended that had there been any truth in the allegations, any of the court staff or advocates who were present outside his court would have supported victim's claims.

He had asserted that on the date of the incident, the victim felt annoyed by the queries made by him as regards the name of her husband, therefore she had misbehaved. He had further alleged that the FIR had been lodged with legal advice and had no substance in it. The judge has been booked under sections 376, 511, 354A, 354B, 509, 323, 504,506 of Indian Penal Code. 

Prosecution's case

The victim, a ministerial staff working in the accused Judge's court, had lodged an FIR with the allegations that in December 2020, she was summoned to Judge's chamber, where she found the reader, Mrs. Shamshad Bano leaving the chamber stating that she (victim) had been hired on compassionate grounds.

Thereafter, she had alleged, that when she entered the chamber, the judge yelled at her, asking how many spouses she had, and after that, bolting the door from inside, the judge charged himself upon her exposing his private parts, using foul language. He had also whipped out his revolver, the victim had stated. 

The victim had further alleged that she somehow managed to come out and thereafter called the police and her husband too who also happens to be a retired judge of District Judge rank. 

Court's observations

Taking note of Judge's contention against truthness of victim's allegations, Judge Sharma noted that despite that there was no contention in Judge's bail application that he apprehended immediate arrest. 

Therefore, noting that no concrete facts as regard Judge's imminent arrest or apprehension thereof had been placed before the court, Judge Sharma refused to grant anticipatroy bail. 

"The applicant though has given a version of his own, however, taking into account the gravity and seriousness of the charges, I do not find it fit to grant the benefit of provisions of anticipatory bail," Judge Sharma stated. 

Case Title: Kautilya Gaur v. State of UP