A Defining Victory in a High-Stakes Criminal Matter under Sections 69 & 351(3) BNS
In one of the most sensitive and high-risk criminal matters involving allegations under Sections 69 and 351(3) of the Bharatiya Nyaya Sanhita (BNS), I had the privilege of successfully securing crucial interim protection for my client in the form of a stay on arrest from the Hon’ble High Court. The case arose out of FIR No. 0147 of 2025 registered at Police Station Gangaghat, District Unnao, wherein the allegations were not only grave in nature but also carried severe legal consequences and social stigma capable of irreparably damaging the reputation and liberty of my client.
At the very outset, I conducted a thorough and microscopic examination of the FIR and the underlying complaint, and it became evident that the allegations were inherently vague, lacking essential particulars such as the date, time, and place of the alleged incident. I identified that the complaint was not based on credible facts but was instead motivated by underlying personal disputes, clearly indicating an abuse of the process of law. Recognizing the urgency and seriousness of the matter, I devised a precise and strategic legal approach aimed at protecting my client’s liberty at the earliest stage.
In furtherance of this strategy, I worked in close coordination with my esteemed colleagues Ishtha Singh and Dharmendra Bhatt, and together we ensured that every legal infirmity in the prosecution’s case was effectively brought before the Hon’ble Court. Through strong legal drafting, well-researched arguments, and a focused presentation, I ensured that the Hon’ble Court was apprised of the fact that the FIR was a result of mala fide intentions and had been lodged solely to harass and exert undue pressure upon my client.
Upon hearing our submissions and examining the material on record, the Hon’ble High Court was pleased to observe that a prima facie case for consideration was made out. In a significant relief, the Court was pleased to direct that no arrest shall be effected against my client pursuant to the impugned FIR unless credible and sufficient evidence is available, subject to cooperation in the investigation. This order served as a vital shield for my client’s personal liberty and reaffirmed the settled legal principle that criminal law cannot be misused as a tool for harassment or coercion.
This case stands as a strong reflection of my commitment to safeguarding the rights, dignity, and liberty of my clients, particularly in matters involving serious and sensitive allegations. I firmly believe that every accusation must withstand the test of legal scrutiny, and where the foundation itself is weak, it is the duty of a defense counsel to dismantle it with precision and conviction. Through strategic thinking, relentless effort, and unwavering dedication, I ensured that justice prevailed in favour of my client at a critical stage.
This success is not merely a legal outcome—it is a reaffirmation of the rule of law and the protection of individual liberty against false and motivated prosecutions. It serves as an inspiration to those facing unjust criminal proceedings that with the right legal strategy and determined representation, even the most serious allegations can be effectively challenged and overcome.
Surit Chaubey
Advocate, Supreme Court of India
Founder & Managing Partner
Corpus Juris Group of Advocates & Solicitors
ORDER: CRLP(L)_3510_2025