Today, in the latest Order of the Supreme Court, a bench of Hon’ble Mr. Justice Rohinton Fali Nariman, Hon’ble Mr. Justice Navin Sinha and Hon’ble Ms. Justice Indira Banerjee has set aside the Order of Allahabad High Court at Lucknow granting Interim Bail to Government Counsel Accused of Sexual Harassment.
On 03.09.2020 the Allahabad High Court at Lucknow granted interim Bail to the Government Counsel, Shri S.S. Chauhan. [Read Here]
The Allahabad High Court at Lucknow had observed that the applicant has been arraigned as an accused alleging commission of the non-bailable offence. It is clearly well settled that, keeping an accused person in custody pending trial or investigation of a case is not a measure of punishment, but it is only to see that his presence during the trial is secured easily and to prevent the likelihood of tampering of evidence or threatening or inducement of witnesses in any manner, the detention of such accused person in custody would not be warranted.
Challenging the aforesaid Order of Allahabad High Court, an SLP was filed before the Supreme Court bearing Diary No. 19567 of 2020, titled Neelam Chaturvedi vs State of Uttar Pradesh and Others.
The Supreme Court observed as under
We are surprised that the High Court should act in the teeth of our order dated 05.08.2020. This is a very serious case which must be investigated properly so that the truth ultimately will come out.
This being the case, we set aside the interim order dated 03.09.2020, having heard learned counsel for both sides at some length.
Case Title: Neelam Chaturvedi vs State of Uttar Pradesh and Others
Case No.: Diary No. 19567 of 2020
Date of Order: 24.09.2020
Quorum: Hon’ble Mr. Justice Rohinton Fali Nariman, Hon’ble Mr. Justice Navin Sinha and Hon’ble Ms. Justice Indira Banerjee
Appearance: Counsel of Appellant Mr. Sureshan P.