Allahabad HC Grants Interim Bail To The Government Counsel Accused Of Sexually Harassing A Young Lawyer [Read Order]

The Allahabad High Court on Thursday (03rd August) granted interim bail to a government counsel in connection to a rape case lodged against him by a young lawyer.The interim bail was granted in connection with FIR No.0326 of 2020, under Sections 328, 354A, 376 IPC, P.S. Vibhuti Khand, and District Lucknow.While hearing the government counsel's plea, who was apprehending his arrest in connection with the aforesaid matter, the Single Bench of Justice Chandra Dhari Singh at Lucknow said,"The applicant is a reputed Advocate and has been practicing in this Court for the last 29 years without having any criminal antecedent(s). The applicant was Additional Chief Standing Counsel for the State Government and for number of Departments and Corporations. 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 away from justice. "The background of the CaseIt may be noted that Additional Chief Standing Counsel in the Lucknow bench of the High Court, Shailendra Singh Chauhan, has been accused of sexual harassment by a young practicing lawyer from Delhi. She has alleged that Chauhan raped her in his chamber.Accordingly, an FIR [bearing No.0326 of 2020] has been lodged at the Vibhuti Khand Police Station in Gomti Nagar area, under Sections 328 (Causing hurt by means of poison, etc., with intent to commit an offence), 354A (Sexual harassment) and 376 (Rape) of IPC.Allahabad HC granted interim relief from arrest (31st July)Earlier, Chauhan had approached the High Court [Writ Petition No.12149 (MB) of 2020] stating that the allegations levelled against him were false and therefore, the FIR registered against him ought to be quashed.While hearing the government counsel's plea for quashing of FIR, the Division Bench of Justices AR Masoodi and Rajeev Singh at Lucknow said,"Looking to the contents of the F.I.R., prima facie, we are satisfied that a case for intervention is made out to the extent that the petitioner(accused) may not be arrested…"Though the court refused to quash the proceedings instantly, it had granted interim relief from arrest to Chauhan on Friday (31st July 2020).Meanwhile, without expressing much on the merits of the case, the Court had granted time to the Complainant's lawyer to file a reply in the matter.Stay on Allahabad HC order granting interim relief from arrest by the Top Court (5th August)Soon thereafter, the Supreme Court on Wednesday (05th August) stayed an order of the Allahabad High Court to the extent it restrained the UP Police from arresting Chauhan in connection to this case.Significantly, the impugned order inasmuch as it made a direction upon the competent court to enable the investigating agency to recover relevant material connected with the case was not interfered with.The stay order was passed by a Division bench comprised of Justice RF Nariman and Justice Navin Sinha while hearing an SLP against the HC order.SC issued notices in a petition seeking transfer of investigation and trial in the case against Chauhan (21st August)Further, the Supreme Court on Friday (21st August) issued notices in a writ petition seeking transfer of investigation and trial in the criminal case filed against Chauhan.The petition was moved by one of the victim's friends, apprehending that investigation in the rape case may be hindered due to the "clout" of the accused enjoyed back in the state.The Bench comprising Justices RF Nariman, Navin Sinha and Indira Banerjee had issued notices to the UP Government and SP, Lucknow.The Petitioner had submitted that the FIR lodged by the victim in the Vibhuti Khand Police Station had shockingly been circulated all over media, disclosing the victim's identity and personal details to the public. This had made it impossible for her or her family to "step out of their house".Allahabad HC grants Interim Bail to Chauhan (03rd September)Petitioner's Arguments - It was submitted by the Counsel for the petitioner that no material of any sort was found at the place of alleged incident to substantiate the allegation of giving intoxicated juice. The Senior Counsel also submitted that the instant case has been filed only to blackmail the applicant and to extract money and grab the chamber of the applicant situated at Vibhuti Khand, Gomti Nagar, Lucknow. The instant case is nothing but gross misuse of the process of law.The applicant had first approached before Court of Sessions by way of filing anticipatory bail application under Section 438 Cr.P.C. and the Court of Additional Sessions Judge/F.T.C.-02, Lucknow rejected the bail application vide order dated 19.08.2020 rendered in Bail Application No.3553 of 2020.The Counsel further submitted that the police of P.S. Vibhuti Khand was searching and trying to arrest the applicant, therefore, the applicant has apprehension that he could be arrested by the police in connection with FIR No.326 of 2020.AGA Arguments - The Learned AGA has prayed...

Allahabad HC Grants Interim Bail To The Government Counsel Accused Of Sexually Harassing A Young Lawyer [Read Order]

Sparsh Upadhyay

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