High Court: MPs And MLAs Not Expected To Harm Society By Indulging In Crime

PRAYAGRAJ : Allahabad High Court has refused to grant bail to former MLC Kamlesh Pathak in the case registered in Auraiya under the Gangster Act. The court did not consider Pathak eligible for bail in view of his long criminal history consisting of 37 cases. However, the court of Justice Sanjay Kumar Singh definitely directed the trial court to settle the case on priority basis.

A case was registered against Kamlesh Pathak under the Gangster Act on 11 July 2020 at Auraiya police station on the basis of two cases registered against him under sections of murder, attempt to murder and other serious crimes.

It was alleged that gang leader Kamlesh Pathak takes financial benefits through extortion, ransom, illegal occupation of government lands, attacking people and firing. There are many criminal cases pending against him, in which he has never been punished because no one comes forward due to his fear. Taking advantage of his influence in the government, he has got many cases closed.

Kamlesh Pathak had murdered advocate Manjul Chaubey and his sister Sudha Chaubey for the land of Panchmukhi Hanuman Temple located in Arya Nagar, Auraiya, due to which his fear and panic in the society increased further. His first bail application was rejected by the High Court, against which he further filed a special appeal which was also rejected by the Supreme Court. On the instructions of the top court, he again filed a bail application in the High Court.

According to the council  the petitioner is in jail since July 14, 2020 and is  former MLC. The trial of his case has not been completed yet. Only 6 out of 16 witnesses have given statements. The petitioner is on bail in all cases. A total of 37 cases are registered against him, out of which he has been acquitted in eight. Final reports have been submitted in 13 cases. The state government has withdrawn seven cases. No notices or summons were received in two cases. Two cases are under National Security Act, while trial is going on in four cases.

At the same time, the advocate and government lawyer present on behalf of Manjul Choubey’s family said that the impact of the petitioner can be estimated from the fact that he has got the final report filed in 13 cases. These also include serious cases like murder, extortion, attempt to murder. If he is released on bail, he may influence witnesses and evidence. The court rejected the bail application.

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