'Remedy Before High Court': Supreme Court Refuses To Entertain Plea For Default Bail By Former UP Minister Gayatri Prajapati In Money Laundering Case

The Supreme Court on Thursday declined to entertain an application of default bail moved by former Uttar Pradesh Cabinet Minister Gayatri Prajapati and instead observed that the appropriate remedy in this regard would lie before the Allahabad High Court. A Special Court in Lucknow had declined to grant default bail to Prajapati and had also granted custody to the Enforcement Directorate (ED) in a money laundering case registered against Prajapati. 

The zonal office of the ED had reportedly filed a charge sheet under various sections of the Prevention of Money Laundering Act (PMLA) against Prajapati and others in April. The agency has been probing the former Cabinet Minister, who had held the mining portfolio in the Samajwadi Party government led by Chief Minister Akhilesh Yadav, on money laundering charges in a case relating to alleged possession of disproportionate assets. 

Senior Advocate Vikram Chaudhri appearing for Prajapati prayed for default bail before a Bench comprising Justices K.M Joseph and P. Narasimha. He further challenged the grant of custody to ED by the Special Court, Lucknow. 

Refusing to entertain such a plea, Justice K.M Joseph stated that the appropriate remedy would lie before the High Court and further enquired from the senior counsel, "Is there any precedent for the specific relief you are seeking?" In response, the senior counsel highlighted that the instant matter involved restriction on personal liberty and further stated that he would leave it to the discretion of the Bench. 

Senior counsel Chaudhri further implored the Bench to issue an order directing the Allahabad High Court to decide the bail application on an urgent basis after stating that there is a long pendency of cases in the High Court. However, ASG S.V Raju objected to such a contention by stating, "Others in the line should not be overtaken."

Accordingly, the Bench ordered, 

"We notice that order for default bail has been declined by Special Judge, Lucknow. Petitioner has a remedy open to him in High Court. We request when such an  application for seeking default bail is filed, the High Court will take it up with highest level of expedition since the matter relates to personal liberty."

It may be noted that on November 12 a Special MP MLA Court in Lucknow sentenced the former Uttar Pradesh minister and two others to life imprisonment in connection with the Chitrakoot Gang Rape Case of 2017. Apart from life imprisonment, a fine of Rs 2 lakh each has also been imposed on the three convicts. In the year 2017, it was alleged by a Chitrakoot-based woman that Prajapati and his six aides had gang-raped her and attempted to outrage the modesty of her minor daughter when he was a minister in Uttar Pradesh. 

Case Title: G.P Prajapati v. State of Uttar Pradesh and Ors W.P.(Crl.) No. 133/2021