Supreme Court of India
Supreme Court of India

UP govt opposes in SC bail granted to Gayatri Prasad Prajapati in gang-rape case

ANI | Updated: Oct 13, 2020 18:59 IST

New Delhi [India], October 13 (ANI): The Uttar Pradesh government on Tuesday opposed in the Supreme Court the bail granted to former state minister Gayatri Prasad Prajapati on medical grounds in connection with a gang-rape case registered against him.
A Bench headed by Justice Ashok Bhushan was informed by the Uttar Pradesh government that Prajapati doesn't require hospitalisation for any treatment.
Additional Solicitor General SV Raju read the medical reports of Prajapati, and said this medical certificate is of an earlier date, earmarking the need for treatment by super-specialty hospitals; however, another medical board had later stated that he can be treated in the jail itself.
He said that for seven months Prajapati has been in jail and his condition is said to be stable. "No treatment for Prajapati that requires hospitalisation," said Raju.
Senior advocate Rajeev Dhavan, appearing for Prajapati, told the bench that his regular bail has not been decided for three years and High Court has refrained from deciding it as this case is pending.
"The alleged offender seems to have a political background. It does not matter how serious the offence is, we are not looking at the nature of the offence as far as bail is concerned. Bail, not jail is the rule," Dhavan contended.
Humane treatment in jail and threat to a persons' health are considerations that cannot be overlooked, Dhavan added. He further argued that eight reports show Prajapati's illness.

He is also diabetic and other cumulative health aspects have to be seen like respiratory problems, kidney problems, etc, Dhavan said adding that "this man is seriously sick."
After hearing the arguments of both the parties, the bench reserved its order and observed that let his regular bail be heard on merit (by the High Court).
Earlier, the top court had stayed the September 3 order of the Allahabad High Court order granting two months interim bail to former Uttar Pradesh minister Prajapati on medical grounds.
The court had issued notice to Prajapati and sought his response on a plea filed by the Uttar Pradesh government against the High Court order.
The Allahabad High Court had granted interim bail while taking into account his medical condition, which was confirmed by the medical status report. Prajapati is under trial in connection with a gang-rape case and was in jail since March 2017.
The case was registered against Prajapati in 2017 at Gautampalli Police Station in Lucknow after a Chitrakoot-based woman had alleged 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 the state.
Initially, the Uttar Pradesh Police had allegedly refused to register an FIR against Prajapati. Thereafter, the woman had approached the Supreme Court and had sought the court's direction for lodging an FIR. After the order of the top court, the FIR was registered against Prajapati under alleged gang rape and sexual harassment.
However, the woman had later withdrawn her statement by filing an application in the special MP-MLA court in Prayagraj in 2019. She retracted her statement in the court saying that the Prajapati did not rape her but two of his aides did.
Prajapati had maintained that he had been falsely implicated in the present case. (ANI)