The Supreme Court, while hearing a case on Thursday (February 6, 2025), told the Uttar Pradesh government that you are not getting the prosecutor, not harassing. The court was displeasure that in a case registered under the anti -gangster, the UP government also included cases in their reply against the petitioners, which were rejected or acquitted or acquitted.
Justice Bhushan Ramakrishna Gawai and Vinod Chandran of Justice questioned the UP government as to why there are cases against the petitioner in the affidavit that have either been canceled or acquitted in which he was acquitted. The bench said, ‘You are also incorporating cases in your reply which have been rejected and the petitioner has been acquitted. If this is your functioning, you are not an prosecutor, but you are oppressive. ‘
Giving bail to four accused of Uttar Pradesh Gundagardi and Anti -Social Activities (Prevention) Act, 1986, the bench asked the state government, ‘If he (petitioner) is already released on bail in some cases, if some action has been canceled Has gone, if he has been acquitted in some action … then it was not necessary for you to put a factual position before this court? ‘
The accused challenged the Allahabad High Court’s decision in the Supreme Court. His petition was dismissed by the High Court. On behalf of the petitioners, Senior Advocate Siddharth Luthra said that the petitioner is brother and he has been implicated in cases filed after 2017, as his father was an MLC related to a political party. He said that he was repeatedly implicated in different cases. When the petitioners get bail in a case, another FIR is lodged against them so that they can get relief.
Advocate Siddharth Luthra, citing the state affidavit, said that 28 FIRs have been lodged against one petitioner while 15 FIRs have been lodged against the rest. He said that in most cases, the state opposed bail on the basis of criminal background. However, the petitioners were either acquitted or released on bail and in some cases the Supreme Court canceled the proceedings against some of them.
The lawyer representing the state government opposed the bail petitions and said that one of the cases filed is a case of gang rape. The court said that in the rape case, a lower court in Saharanpur granted bail in July 2022, but the state did not take any action to cancel it even after two and a half years. The state government counsel said that the father of the petitioners has left the country and they can also run away.
Advocate Siddhart Luthra said that his passports have already been seized on this argument of the lawyer. The bench said, “We instruct the judge who hearing the case to submit passports so that the apprehension of the state can be taken into consideration.” The court also directed the petitioners to be present regularly in the trial and cooperate in its early settlement. The case filed against the petitioners in Saharanpur district in April 2022 is related to illegal mining and illegal occupation of public land.
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