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HC stays MP/MLA court order granting bail to ex-minister Prajapati
The Lucknow bench of the Allahabad high court has stayed the order of the MP/MLA court granting bail to former UP minister Gayatri Prajapati who is an accused in a gang rape and many other cases
The Lucknow bench of the Allahabad high court has stayed the order of the MP/MLA court granting bail to former UP minister Gayatri Prajapati who is an accused in a gang rape and many other cases. Special judge/ additional sessions judge, MP/MLA court had granted bail to Gayatri Prajapati in July this year.
A single judge bench of Justice Rajeev Singh on October 5 said: “Till the next date of listing, operation and implementation of the order dated 14.07.2021 in case crime no. 537 of 2020, under Sections 420, 467, 468, 471, 506, 386, 388,120-B I.P.C., police station-Ghazipur, District Lucknow, shall be kept in abeyance.”
“District and Sessions Judge, Lucknow, is directed to send the complete record of Bail Application no. 08 of 2021 decided by Special Judge, M.P. M.L.A./Additional Sessions Judge, Court No.19, Lucknow, forthwith,” the court said.
Appearing on behalf of the state government, additional advocate general Vinod Kumar Shahi opposed the bail order granted by the MP/MLA court.
Shahi apprised the court that Prajapati had been in prison since March 15, 2017 after being arrested in a case of gang rape of a 40-year-old woman and attempt to rape her minor daughter and a first information report (FIR) in another case was lodged against him on September 17, 2020.
“This means Gayatri Prajapati was having criminal history. But this fact was not considered by the court (MP/MLA court) while granting bail,” argued Shahi.
While granting bail to Prajapati, the court (MP/MLA court) had observed that the prosecution (government advocate) had not placed any criminal history of the opposite party (Gayatri Prajapati) before the court. Shahi apprised the court about seven criminal cases lodged against Prajapati. The court listed the case for next hearing on November 16.
AAG’s submission before the court
Additional advocate general (AAG) Vinod Kumar Shahi submitted before the court that a lady, after she was allegedly administered some intoxicating substance, was subsequently raped by the opposite party (Gayatri Prajapati) as well as other accused persons and obscene photographs of the victim were clicked.
On the basis of same, she was being blackmailed and forced to have physical relations with the accused persons, Shahi apprised the court.
She had filed a petition under Article 32 of the Constitution of India before the Supreme Court seeking registration of an FIR against Gayatri Prajapati as the FIR was not being lodged because he was a minister in the then ruling government (Samajwadi Party), Shahi told the court.
The Supreme Court passed an order on February 17, 2017, in the aforesaid writ petition and directed the police station concerned to register the FIR on basis of the complaint and further directed the police to investigate the matter and submit its report in a sealed cover within seven weeks from the date of order.
Thereafter, an FIR was lodged at the Gautam Palli police station, Lucknow, on February 18, 2017, against Gayatri Prasad Prajapati, Ashok Tiwari, Pintu Singh, Vikash Verma, Chandra Pal, Rupesh and Ashish Shukla under several sections of the Indian Penal Code and POCSO Act.
