Allahabad HC Grants Pre Arrest Bail To Peace Party President For Allegedly Threatening To Kill CM Yogi Adityanath In 2016

The Allahabad High Court last week granted anticipatory bail to the National President of Peace Party, Dr. Ayub in a 2016 case registered against him for his alleged statement made at a public rally, threatening to kill the then Member Of Parliament from Gorakhpur and presently, the Chief Minister of Uttar Pradesh, Yogi Adityanath.

The case against Dr. Ayub was registered at the instance of the President of Hindu Yuva Vahini Sangathan alleging that from a public platform, Dr. Ayub had abused the then MP Yogi Adityanath by saying that he was a terrorist and would kill him wherever he had been found and would capture the Gorakhnath Temple. 

Thereafter, he was booked under sections 295A, 500, 504, 505, 506, IPC and after the completion of the investigation, a charge sheet was submitted in April 2017 and the concerned magistrate had taken cognizance in March 2021 in the present matter. Now, after the rejection of his anticipatory bail application by Sessions Judge, Gorakhpur in December 2021, Dr Ayub moved to the High Court.

It was submitted by the senior counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to political rivalry. It was further submitted that no electronic evidence had been collected against Dr. Ayub to prove the case.

It was also submitted that offence under Section 295A, 500, 504, 505, 506, IPC is not made out against the applicant and all the offences except Section 295A & 506, IPC are bailable offences.

Lastly, it was contended that after the filing of the counter-affidavit, learned A.G.A. had not pointed out as to what material was recovered from the possession of the applicant and that no date and time of the incident had been mentioned in the FIR.

At the outset, the bench of Justice Sanjay Kumar Pachori observed that it is a settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases.

"Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty," the Court added.

Further, Dr. Ayub was directed to be enlarged on anticipatory bail till the conclusion of trial, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned. With this, the Anticipatory Bail Application was allowed.

Case Title - Dr. Ayub v. State of U.P. and Another [CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 20301 of 2021]

Case Citation: 2022 LiveLaw (AB) 222

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