Allahabad High Court denies anticipatory bail to Jitendra Tyagi in rape case

The Allahabad High Court on Thursday denied anticipatory bail to Jitendra Tyagi (formerly known as Waseem Rizvi) in a 2021 rape case [Jitendra Narayan Tyagi v State of UP]..Single-judge bench of Justice Mohd Faiz Khan said that there are no grounds to grant protection to Tyagi."Having regard to all the facts and circumstances of the case and for the reasons placed above, I do not find any good ground to provide protection from arrest to the instant applicant. Thus, the anticipatory bail application moved by the applicant- Jitendra Narayan Tyagi Alias Syed Waseem Rizvi is, hereby, rejected," the order said. The Court also took into consideration the fact that despite various orders passed by the Magistrate, the investigating officer has not concluded the investigation. "It is expected from the investigating officer to conclude the investigation without any further delay and submit report under Section 173 (2) Cr.P.C., at the earliest," the judge directed..Tyagi has been booked for rape and other offences under Indian Penal Code for allegedly raping a married woman.As per prosecution, Tyagi had provided a quarter for the residence to the prosecutrix's husband where they used to reside with their children.The prosecutrix's husband (who worked for Tyagi) used to be occasionally sent out of Lucknow by Tyagi and about five months ago when the he was not in the house, Tyagi allegedly entered into the house and committed rape on the prosecutrix, threatening to harm her children. It was also stated that thereafter, Tyagi used to commit rape with the prosecutrix occasionally, after sending her husband outside Lucknow and she remained silent as she was threatened, apprehended and intimidated.On June 11, 2021 woman informed her husband about repeated rape by Tyagi after which the husband approached Tyagi to protest but instead he was threatened of dire consequences..Senior Counsel HGS Parihar, appearing for Tyagi, stressed that he has been falsely implicated in the case only on account of enmity with the husband of the informant/prosecutrix and others.He further argued that due to Tyagi's ideology and petitions filed by him in the Supreme Court of India, certain fundamentalists are against him and, therefore, a false case was lodged against him.The counsel for woman argued that she and her family is being regularly threatened by the Tyagi's stooges..The Court noted that the case diary supplied by the State, revealed that FIR of the case could only be lodged after an order passed by the Magistrate under Section 156 (3) CrPC.Affidavits had also been given by the husband of the informant as well as by the informant-woman stating that they are being pressured and threatened to withdraw the case, the Court noted..It was also evident that by an order dated January 30, 2023 non-bailable warrants were issied against the Tyagi by the Additional Chief Judicial Magistrate, Lucknow, the Court noted."Having regard to the various orders passed by the Magistrate directing the investigating officer to conclude the investigation at the earliest, prima facie there is substance in the apprehension of informant/victim," the Court said.The State in its instructions has mentioned a long criminal history of the applicant comprising of 35 cases starting from the year 1994 till 2022.In view of the above, the Court refused to grant relief to Tyagi opining that criminal antecedents and conduct of the accused are relevant factors when considering plea for anticipatory bail.Senior Advocate HGS Parihar along with Advocates Pranshu Agrawal and Chandan Srivastava appeared for Jitendra Tyagi.Advocate Syed Azizul Hasan Rizvi represented prosecutrix.