E-Paper
Allahabad HC relief to SP MLA in 2021 criminal case
HC directs trial court to grant interim bail to Kanpur MLA Amitabh Bajpai if he files a bail application
The Allahabad high court has directed the trial court to grant interim bail to SP MLA from Kanpur Amitabh Bajpai if he files a bail application in a 2021 criminal intimidation case. The high court further directed the trial court to decide his discharge application in the case within two months and clarified that the interim bail will end after the disposal of the application.
Justice Rajeev Misra passed the order on August 9, 2024, while disposing of a petition filed by Bajpai challenging the charge sheet as well as summoning order dated December 15, 2023 passed by Additional Chief Judicial Magistrate-I, Kanpur Nagar.
As per the counsel for the applicant, no evidence was found against Bajpai during investigation, still a charge sheet was filed against him. At this, the government advocate argued that in such a case, the remedy before the applicant was to file a discharge application before the trial court and not to approach the high court.
At this, the high court observed, “Accordingly this application is disposed of finally with a direction to the applicant to approach court below by filing a discharge application in terms of Section 239 Cr.P.C. seeking his discharge in above mentioned criminal case.”
However, the court said, “It goes without saying that till the disposal of the discharge application as directed above, the court below shall not proceed further with the matter.”
Then, the high court directed the trial court to grant interim bail to Bajpai in case he appears before the trial court to move a discharge application and files a bail application and decide his discharge application within two months.
An FIR was lodged by one project director of NHAI in 2021 at Bithoor police station of Kanpur Nagar alleging that the SP MLA had abused him and threatened to attack him by releasing a video on social media.
