An SLP was filed before the Supreme Court. The SC had set aside the order of the Allahabad HC in which the court had granted anticipatory bail to a government advocate concerning a rape case lodged against him by a young lawyer.
Brief facts of the case
Shailendra Singh Chauhan, the Additional Chief Standing Counsel before the Lucknow bench of the HC has been accused of sexual harassment by a young lawyer from Delhi. She has alleged that Chauhan raped her in his chamber. Chauhan later appeared before the HC affirming that the allegations are false and therefore the FIR has to be quashed. Instead of quashing the FIR, the bench granted interim bail to him.
On 5th August 2020, the Supreme Court stayed the order of the Allahabad HC wherein the court ordered to restrain the UP police from arresting Chauhan. Then he approached the trial court for anticipatory bail but the court rejected the same.
On 3rd September 2020, the Allahabad HC ordered for anticipatory bail which was set aside by the Supreme Court.
Arguments before the Court
The counsel on the behalf of Chauhan had submitted that the applicant is a reputed advocate and has been practicing for 29 years before the Allahabad HC without having any criminal background. He also submitted that Chauhan has been falsely involved, he is an innocent person and has not committed the alleged offense.
He further submitted that the instant case has been filed only to blackmail him and to extract money and grab the chamber of the applicant.
The Counsel appeared on the behalf of the complainant denied all the submissions made by the advocate of Chauhan and submitted that he is an influential person and he might influence the investigation. It was also submitted that the complainant has filed a writ petition under Article 32 of the Constitution of India before the SC and prayed for transfer of the investigation to CBI from local police of P.S. Vibhuti Khand, Gomti Nagar, Lucknow.
Observation of the Court
The Supreme Court observed that the High Court shall act as per the order of the SC dated 05.08.2020. It is a serious case that should be investigated properly so that the truth will come out.
Decision of the Court
The Supreme Court set aside the interim order dated 03.09.2020 of the Allahabad High Court in which the High Court had granted anticipatory bail to the government advocate regarding a rape case against him by a young lawyer.
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