Allahabad HC Keeps in Abeyance Bail Granted to Ex-UP Minister Gayatri Prajapati2 min read

BY- SHRADDHA TIWARI

On September 17, 2021, a director of Prajapati’s Company, Brij Bhuwan Chaube had lodged an FIR with the Gomtinagar police station alleging that by extending threats, Prajapati had got a plot situated in Kharagpur transferred to a woman, who had lodged a gang rape case against him in order to settle the case.

On July 30, 2021, Special Court for MPs/MLAs granted bail to Prajapati which was later challenged by Uttar Pradesh Government.

An order of a special court granted bail to ex-Uttar Pradesh Minister Gayatri Prasad Prajapati in a cheating case has been halted by the Allahabad High Court. The bench was told that the accused was in jail since July 30, 2021.

After hearing arguments from the additional advocate general V K Shahi that the special court granted bail to Gayatri Prajapati without considering the statements of the witnesses or his criminal past, a bench of Justice Rajeev Singh issued the order of halting the bail on October 9, because according to section 437 of CrPC, which talks about conditions for not granting bail in the cases of non-bailable offenses and here rape is the non-bailable offense, a person shall not be released on bail on the following conditions:

(i) the person is guilty of an offense punishable with death or imprisonment of life;
(ii) the offense is a cognizable offense;
(iii) the person has been previously convicted of an offense punishable with death or imprisonment of life;
(iv) the person has been convicted twice or more in the past for a cognizable offense punishable with imprisonment for three years or more but not less than seven years. Further investigation is required in the matter before taking any final decision.

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