Allahabad HC grants anticipatory bail to former UP govt counsel accused of rape

The Allahabad High Court Thursday granted 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 single-judge bench presided by Justice Chandra Dhari Singh said that the accused is a reputed Advocate and had been practicing in Court for the last 29 years without having any criminal antecedent(s).

"The entire evidence against the applicant is based on documents. Having regard to the status which the applicant has, there is no likelihood of his fleeing from justice", Justice Singh said.

The Court directed the accused not to leave Uttar Pradesh without the prior permission of the High Court. It added that he would have to make himself available as and when required by the Investigating Agency.

Also Read: SC stays Allahabad HC order restraining police from arresting govt counsel in an alleged rape case

Senior advocate Jyotindra Misra who appeared for the accused submitted inter-alia that the prosecution story was false and concocted with a view to humiliate the applicant. He added that no material of any sort was found at the place of the alleged incident to substantiate the allegation of the accused giving the junior lawyer juice lined with intoxicants.

It was further contended on behalf of the accused that the case had been filed only to blackmail the senior lawyer and to extract money and grab his chamber at Vibhuti Khand, Gomti Nagar, Lucknow.

Appearing for the victim, advocate Aditya Vikram Shahi submitted that the accused was an important person who could influence the investigation. He sought two weeks' time to file an objection/counter affidavit in the anticipatory bail application along with all documents on which he was relying during the course of arguments.

The matter will now be heard on October 5.

Also Read: SC issues notice to UP govt for CBI probe into rape allegations against govt counsel

Earlier, the High Court had granted interim protection from arrest to the accused while hearing a plea seeking the quashing of the FIR against him. However, on an appeal by the victim, the Supreme Court had stayed the order.

In a separate plea by the victim seeking a CBI probe in the matter, the Supreme Court also issued notice to Uttar Pradesh Government.

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.

Read Order

http://theleaflet.in/wp-content/uploads/2020/09/Allahabad-High-Court_Bail-Order.pdf