Apex Court stays HC order granting Bail to former Minister in Gang Rape Case



On Monday, the Apex Court stayed Ex-Uttar Pradesh Minister Gayatri Prasad Prajapati’s interim bail, granted for 2 months on medical grounds by the High Court of Allahabad , in a gang rape case.

On Sept 3, the Lucknow bench of the Allahabad HC had granted the interim bail to Prajapati who was a minister in the erstwhile Samajwadi Party Govt.

Despite the HC Bail, Prajapati remained in judicial custody as a fresh case of fraud, forgery & criminal intimidation was registered against him.

A bench comprising Justices Ashok Bhushan, R Subhash Reddy & M R Shah took note of the plea of the UP Govt & stayed the HC’s bail order & sought response of the accused leader on the plea.

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The UP Govt, in its appeal, said that the “High Court has erroneously granted a short-term bail of two months to the Respondent accused in a POCSO case solely on medical grounds ignoring that the accused has throughout been treated in premier national medical Institutes KGMC / SG-PGI, also specially when the regular bail application of the Respondent has already been fixed for hearing in the week commencing Sept 28”.

It said the accused was a “very prominent Minister in the erstwhile government & wielded considerable influence in the environs of powers”.

The political position of the accused was so dominating that the FIR against him was registered only after the victim approached the SC, the UP Govt said.

The HC, while granting the bail, had said the threat to the former Minister from Coronavirus was real & imminent & he has been asked by doctors to get treated at a super-speciality hospital as he was suffering from various diseases.

Prajapati is in jail since March 15, 2017 & is currently undergoing treatment for various ailments at KGMU. He, along with others, is accused of raping a woman & attempting to molest her minor daughter

The gang-rape case was lodged with Gautampalli police station in 2017 & later, Prajapati was arrested & sent to jail on March 15, 2017.

He was earlier granted Bail by a sessions Court in the case but it was cancelled by the HC before his release from jail. 

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