38.6c New Delhi, India, Tuesday, April 23, 2024

Allahabad High Court Order Granting Bail to Govt. Council accused of raping young lawyer set aside by Supreme Court [READ ORDER]

By Lakshya Tewari      27 September, 2020 05:12 PM      0 Comments
Granting Bail Allahabad HC

Allahabad High Court’s interim order dated September 3rd, 2020 granting bail to the Govt. Council, who is accused of raping a young lawyer, was set aside by the apex court on September 24th, 2020. The interim bail was granted by Allahabad HC’s Lucknow bench in connection with FIR No. 0326 of 2020, under Sections 328, 354A, 376 of Indian Penal Code, 1860. Shailendra Singh Chauhan, Additional Chief Standing Counsel in the Lucknow bench of High Court has been accused of sexual harassment by a young practicing lawyer from Delhi alleging that Chauhan raped her in his chamber. 

The Bench of Supreme Court comprising of Justice RF Nariman, Justice Navin Sinha, and Justice Indira Banerjee passed the order while hearing SLP against the HC order. The order said “On 05.08.2020, this Court had stayed the order of the Division Bench of the Allahabad High Court dated 31.07.2020 in which it had granted an order of anticipatory bail in a writ petition. After our order, the petitioner moved the trial Court for anticipatory bail, which, by order dated 19.08.2020 was rejected. By an interim order dated 03.09.2020, a learned Single Judge of the Allahabad High Court, Lucknow Bench, has granted interim bail on a bond being given until the next date of hearing. The reasons given are that the petitioner is a reputed Advocate of 29 years and there are no criminal antecedents. This being the case, we set aside the interim order dated 03.09.2020, having heard learned counsel for both sides at some length”. 

The court further opined regarding the decision of HC that even after the apex court had quashed the HC order for not arresting the accused how the interim bail can be given, the court further said “We are surprised that the High Court should act in the teeth of our order dated 05.08.2020. This is a very serious case which must be investigated properly so that the truth ultimately will come out”. 

Granting the interim bail to the Govt. Council on September 3rd, 2020 the Single Judge Bench of Justice Chandra Dhari Singh at Lucknow bench said that “The applicant is a reputed Advocate and has been practicing in this court for the last 29 years without any criminal antecedent(s). The applicant was Additional Chief Standing Counsel for the State Government and for a number of Departments and Corporations. The entire evidence against the applicant is based on documents. Having regards to the status which the applicant has, there is no likelihood of his fleeing away from justice”. 

The Allahabad High Court before granted the interim relief from arrest to the accused on July 31st, 2020 after which on August 5th, 2020 the Supreme Court stayed the order of HC granting interim relief from arrest and again on August 21st, 2020 the Supreme Court issued a notice in a petition seeking the transfer of investigation and trial in the case. The petition seeking transfer of trial and investigation was filed by the victim’s friend apprehending that investigation in the case may be hindered due to the “clout” of the accused enjoyed back in the state. 




Share this article:

Leave a feedback about this

Trending Legal Insiders
Overreaching Jurisdiction: A critique of the Supreme Court's adventurism for LGBTQIA rights

In its over-enthusiasm to protect LGBTQIA+ rights, has the Supreme Court exceeded its constitutional mandate under Article 142? A Delhi University research scholar evaluates the theme.

22 April, 2024 10:48 AM
Trending Legal Insiders
New criminal laws watershed moment for society: CJI [Read Inaugural Remarks]

CJI Chandrachud hails new criminal laws as a watershed moment, marking a significant overhaul for the justice system, emphasizing adaptation and technology's role.

22 April, 2024 11:26 AM


Trending Judiciary
Burden to prove dishonest damage to electric meter is for electricity theft, is on the prosecution: Delhi HC [Read Judgment]

Delhi High Court has held that the burden to prove that a person has ‘dishonestly’ damaged an electric meter to commit electricity theft is on the prosecution.

17 April, 2024 05:41 PM
Trending Judiciary
PIL filed by Ashwini Kumar Upadhyay in SC for 3-yr Bachelor of Law degree after Class XII

PIL by Ashwini Kumar in SC seeks to shorten law degree to 3 years post-Class XII, citing current 5-year span as irrational.

18 April, 2024 11:21 AM
Trending Executive
Centre sets up high-powered committee to suggest measures to end discrimination against queer community [Read Order]

Centre forms committee to end discrimination against the queer community, chaired by the Cabinet Secretary, following a Supreme Court directive.

18 April, 2024 12:11 PM
Trending Judiciary
After Karnataka HC, Delhi HC sets aside Government circular banning 23 'ferocious' dog breeds [Read Judgement]

After Karnataka High Court, the Delhi High Court has set aside a Government circular banning 23 'ferocious' dog breeds.

18 April, 2024 01:06 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email