SC 'surprised' over HC's order on granting bail to advocate in rape case

The Supreme Court on Thursday expressed "surprise" over the Allahabad High Court acting "in teeth" of its order to grant bail to a government counsel in a rape case lodged by a junior advocate.

A bench of Justices R F Nariman, Navin Sinha, and Indira Banerjee set aside the interim order passed by the HC on September 3 granting relief to accused chief standing counsel Shailendra Singh Chauhan.

The 24-year-old junior lawyer lodged the FIR against Chauhan at the Vibhuti Khand police station in Gomtinagar at Lucknow on July 24, alleging that he raped her in his chamber on the same day.

Acting on a plea by the victim, the top court noted that it had on August 5, 2020, stayed the order of the division bench of the Allahabad High Court passed on July 31, 2020, by which he had been granted anticipatory bail.

After our order, the petitioner moved the trial court for anticipatory bail, which was rejected on August 19, 2020, the bench said.

However, by an interim order, a single judge of the High Court, Lucknow Bench, has granted interim bail. The reasons given are that he is a reputed advocate of 29 years and there are no criminal antecedents, the bench noted.

"We are surprised that the High Court should act in the teeth of our order. This is a very serious case which must be investigated properly so that the truth ultimately will come out," the bench said, in its order passed on September 24.