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 Govt, 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.
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.
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