The Hon’ ble Apex court declined a petition for Bail of a former Uttar Pradesh member of legislature Assembly in a Law and order violation issue.

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The Apex court declined a petition for removal of a former legislature assembly member named kamlesh pathak in a act of violation of law and order .the M.L.A gone to supreme court against a order by High court of Allahabad which objected  the grant of bail.

The sitting board of supreme court Justice Kuttiyil Mathew joseph  and justice Bangalore Venktraman Nagarathna gave the permission for filing a application for Bail only after 90 days. The lawyer who was appointed by U.P Govt explained the reasons for non acceptance of bail application as if accepted the M.L.A can cause harm to testimony givers. But he Sr Adv. ANJANA PRAKSH who was the lawyer for kamlesh pathak stated that “ all the testimony givers have been carefully questions and their statements are recorded so there is no harm to anyone. She also put forward the bail application which were approved before in recent homicide issue. And also gave a stament that “ The Hon’ble supreme court should consider that kamlesh pathak is 68 and a senor citizen and has a disease Aliments , Also request the sitting judges to permit bail. Furthermore stated that pathak completed tenure of 36 months by which he completed the minimum  prison time for grant of bail.

The High court of Allahabad has considered the precedent order and it doesn’t  found any relevant reasons for consideration that the criminal has not committed any criminal activities which are cited in Police chargesheet and after the grant of bail also. Also Stated that there is no unnecessary usage of any rules which are formulated of Gangster act. And also such a criminal having so many history of criminal activities can be provided bail.

 The criminal with other ten Accomplices was found guilty under part3(i)of Gangaster and Anti social activities prevention act , 1986 In the year 2020 the criminal was alleged of taking part in a gang as a leader and ordered may daylight homicides, extortion and firing incidents.

Also the Gang had killed the sister of Adv sudha chaubey for non legitimate process for occupation of private property. And then the charge sheet was sent to district court, AURAIYA as a result all participants of Gang were charged as per Gangster act.

Case Title: Kamlesh Pathak v. State of UP SLP(Crl) No. 3438/2023]

Citation:- Live Law

Name :- Shivraj Kadlimatti, Class :- 2^nd year B.B.A.L.L.B, College :- Army Law college pune intern under legal vidhiya

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