Ghaziabad: Former BSP MLA, 2 others acquitted in Gangsters Act case

The murder was alleged to be rooted in political rivalry, with Bhati’s family claiming Sharma wanted to prevent Bhati from contesting municipal elections

A Ghaziabad court has acquitted former Bahujan Samaj Party (BSP) MLA Amarpal Sharma and two others in a case registered under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, citing a lack of evidence and contradictions in witness testimonies.

The case stems from the September 2, 2017, murder of local Bharatiya Janata Party (BJP) leader Gajendra Bhati, who was shot dead at Mangal Bazar in Khoda. BJP leader Balbir Chauhan was also injured in the attack. (Representational image)

The verdict was announced on Tuesday and uploaded on Thursday morning.

The case stems from the September 2, 2017, murder of local Bharatiya Janata Party (BJP) leader Gajendra Bhati, who was shot dead at Mangal Bazar in Khoda. BJP leader Balbir Chauhan was also injured in the attack. While a separate murder trial is ongoing, police had invoked the Gangsters Act against Sharma and the two alleged shooters, Narendra Gurjar and Raju Pehalwan, in October 2017.

The prosecution presented 15 witnesses, including the victim’s wife, Reena Bhati, and his brother, Yogesh Bhati. However, special judge (MP/MLA) Nishant Maan noted significant inconsistencies in their statements.

While acquitting the three, the court order pointed to “great variance” and “many contradictions” in the testimonies of key witnesses. It also observed that recoveries made from the accused were not proved by independent public witnesses and that investigating officers had found no evidence to show the accused created an atmosphere of terror or committed crimes for material gain, as required under the Gangsters Act.

“The trials of cases against the accused persons as mentioned on the gang chart have not concluded,” the court added.

The court, in its final order, said, “Accused persons Amarpal Sharma, Narendra Gurjar, and Rajkumar Pahalwan are acquitted of the charges under Section 2/3 of UP Gangster and Anti-Social Activities (Prevention) Act. 1986.”

The murder was alleged to be rooted in political rivalry, with Bhati’s family claiming Sharma wanted to prevent Bhati from contesting municipal elections.

Following the killing, Bhati’s wife, Reena, won the Khoda Nagar Palika chairperson’s seat in 2017 on a BJP ticket, defeating Sharma’s wife, Mohini Sharma. However, in the 2023 local body elections, Mohini Sharma won the seat, defeating the incumbent Reena Bhati.