Allahabad High Court Stays MP/MLA Court's Order Granting Bail To Former UP Minister Gayatri Prajapati In Extortion Case

The Allahabad High Court last week stayed a 30 July 2021 order granting bail to former Uttar Pradesh Cabinet minister Gayatri Prajapati by an MP/MLA Court in Lucknow in a cheating-extortion case against him.

Filing a bail cancellation application, the State of Uttar Pradesh argued before the Bench of Justice Rajeev Singh that the court below did not take into account his criminal history which includes a Gang-Rape case against him.

The Additional Advocate General for UP State submitted that a case is currently pending against Prajapati wherein allegedly, a lady had been administered some intoxicating substance, and subsequently, she was raped by Prajapati as well as other accused persons.

It was also submitted that her obscene photo had also been clicked and on the basis of the same, she was being blackmailed and forced to have sexual intercourse with the accused persons, including Prajapati.

The Additional Advocate General apprised the Court that a case was registered against Prajapati (and others) in that matter under Sections 376D, 376, 511, 504, 506 I.P.C. and Sections 3/4 POCSO Act as per an order of the Supreme Court, dated 17.02.2017.

The Court was lastly told since March 15, 2017, he has been in prison and that he has not been granted bail in that case.

Now, regarding the instant bail cancellation application, it was submitted before the Court that a case under sections 506, 386, 388, 419, 420, 467, 468, 471, 120-B I.P.C., had been registered against him with the allegation of several transactions of huge money and also execution of sale deed as Benami transaction.

Essentially, the MP/MLA court below observed that Prajapati was in confinement for the last ten months and the prosecution could not explain that how he was involved in crime and without giving any reasons and therefore, he was granted bail.

Against this backdrop, it was contended by the UP State that the Court didn't consider that he was in jail since 15.03.2017 (in Gang rape case) and FIR of the instant case was lodged on 17.09.2020, meaning thereby, he was having a criminal history, however, this fact was not considered by the court below. 

Therefore, noting that the matter required consideration, the Court issued notice to opposite party No.2 and listed the case on November 16, 2021.

"Till the next date of listing, operation and implementation of the order dated 30.07.2021 passed by Special Judge, M.P. M.L.A./Additional Sessions Judge, Court No.19, Lucknow by order dated 30.07.2021 in Case Crime No.163 of 2020, under Sections 506, 386, 388, 419, 420, 467, 468, 471, 120-B I.P.C., Police Station-Gomti Nagar Vistar, District Lucknow, shall kept in abeyance," the Court further ordered.

Case title - State Of U.P. (Minor B.C.) v. Gayatri Prasad Prajapati

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