HC grants interim bail to Addl. Chief Standing Counsel for State accused in rape case [Read Order]

The Allahabad High Court has granted interim bail to government Counsel in connection to a rape case under section 328, 354(A), 376 I.P.C. lodged against him by a younger lawyer in police station Vibhuti Khand, Gomti Nagar district Lucknow.

Additional Chief Standing Counsel in the Lucknow Bench of the High Court, Shailendra Singh Chauhan has been accused of sexual harassment by a younger practicing lawyer in Delhi. She has alleged that she was raped by Shailendra Singh Chauhan in his chamber and she has filed an F.I.R against him at the Vibhuti Khand Police station, Gomti Nagar district Lucknow under Section 328, 354(A), 376 Indian Penal Code.

The Single Bench of Justice Chandra Dhari Singh while granting the interim bail order to him observed that, “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 petitioner has submitted before the Court that the story given in the FIR of intoxication through alleged fruit juice and also the use of alcohol by the accused is totally false because in the medical examination soon after the FIR, no drug, chemical, alcohol was found by the doctor over her body, smell of it or in blood in medical examination. This present case is classic example of blackmailing tactics to defame a person and extract money.

Earlier the petitioner has approached the Court to quash the FIR lodged against him but the High Court by its earlier order refused to quash the FIR lodged against him. The Court however, passed an order to grant him interim relief from arrest.

Further, the Apex Court has passed stay order on the above order passed by the Allahabad High Court, and issued a notice in a petition filed before the Court for transfer of investigation and trial in the present case against the Additional Chief Standing Counsel Shailendra Singh Chauhan.

Case Details:

Case: - BAIL No. - 5862 of 2020

Applicant: - Shailendra Singh Chauhan (Anticipatory Bail)

Opposite Party: - State Of U.P. & Another

Counsel for Applicant: - Sushil Kumar Singh, Lalit Kishore Pandey

Counsel for Opposite Party: - G.A., Adity Vikram

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