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Supreme Court surprised at Allahabad High Court judge granting bail to rape accused lawyer

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New Delhi (IL News Service): The Supreme Court has expressed surprise over the interim bail granted to a lawyer accused of raping his junior by the Allahabad High Court. The Lucknow bench of the Allahabad High Court on September 3 had granted interim bail to former Additional Chief Public Prosecutor of the Uttar Pradesh government, Shailendra Singh Chauhan, in the rape case on grounds that he had been practicing for 29 years. 

A three-judge bench of Justices R.F. Nariman, Navin Sinha and Indira Banerjee set aside the High Court order. The court said:

“We wonder whether the high court should have acted in view of our August 5 order. This is a very serious matter that should be properly investigated so that the truth is finally revealed.

The bench said that in the same case the accused was granted bail despite the High Court bench’s order of bail being stayed on August 5. 

The Supreme Court said in its order:

“The single judge of the Lucknow bench of the Allahabad High Court, through an interim order on September 3, granted interim bail till the next date of hearing on a bail. The argument has been made that the petitioner is an eminent advocate for 29 years and does not have any criminal background.

The court gave this order on the appeal of the complainant’s lawyer. The complainant filed this appeal through lawyer Utkarsh Singh. After the order of the apex court, the accused lawyer applied for anticipatory bail in the lower court which was dismissed on August 19. The High Court single judge, Justice CD Singh had granted the interim bail, which had angered the apex court.

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On July 31 the High Court had directed the UP police not to arrest Chauhan. The complainant in this case, a 24-year-old junior lawyer, lodged an FIR against Chauhan on July 24 at the Vibhuti Khand police station in Lucknow’s Gomtinagar area. It was alleged that on the same day Chauhan raped her in his chamber. Chauhan is an accused in sections 328, section 354-A (sexual harassment) and section 376 (rape) of the IPC.

-India Legal Bureau

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