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SC expresses surprise at Allahabad HC's anticipatory bail to former senior UP Govt counsel in rape case; sets aside the bail

The Supreme Court Thursday expressed surprise at the Allahabad High Court's order granting anticipatory bail to former Additional Chief Standing

The Supreme Court Thursday expressed surprise at the Allahabad High Court’s order granting anticipatory bail to former Additional Chief Standing Counsel for the Uttar Pradesh Government Shailendra Singh Chauhan in an alleged rape case filed against him by a junior lawyer.

A bench of Justices Rohinton F Nariman, Navin Sinha and Indira Banerjee while setting aside the High Court’s order 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”.

(LtoR)- Justice Indira Banerjee, Justice Rohinton F Nariman, Justice Navin Sinha.

The apex court on August 5 had stayed the Allahabad High Court’s in order in a writ petition to the extent that it restrained the police from arresting Government counsel Shailendra Singh Chauhan in relation to the case.

However, a  single-judge bench presided by Justice Chandra Dhari Singh of the High Court while hearing an anticipatory bail plea filed by the accused had granted bail to him on September 9 on the ground that the accused was a reputed Advocate and had been practicing in Court for the last 29 years and had no criminal antecedents.

Earlier the Trial Court had rejected the anticipatory bail plea filed by the accused.

Shailendra Singh Chauhan has been accused under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 354(A) (Sexual harassment and punishment for sexual harassment), and 376 (Punishment for Rape) of the Indian Penal Code.

In a separate plea by the victim seeking a CBI probe in the matter, the Supreme Court also issued notice to the Uttar Pradesh Government. The same is pending consideration of the Court.

Advocates Utkarsh Singh and Sureshan P. appeared for the victim while senior advocate Rakesh Dwivedi appeared for the accused.

Read the Order
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