Allahabad High Court Denies Bail To Former UP MLA Kamlesh Pathak In Gangster Act Case

The bench of Justice Krishna Pahal did not find reasonable grounds for believing that Pathak is not guilty of such offence mentioned in the Gang Chart and that he is not likely to commit any offence while on bail

The Court also took into account the gravity of offence and the criminal antecedents of Pathak to deny him the benefit of bail.

Pathak along with 10 others were booked under Section 3(1) of the UP Gangsters and Anti-Social Activities (Prevention) Act, 1986 in the year 2020 on the allegations that he is running an organized and active gang in the area as its ‘leader’.

A Gang chart was prepared against him specifying the offences he allegedly committed, including garnering illegal ransom, illegally possessing government land, fighting, firing, and other illegal criminal activities, etc.

It was also stated in the gang chart that in March 2020, Pathak and his gang members caused the daylight murder of advocate Manju Chaubey and his sister Sudha Chaubey to take illegal possession of the land.

It was also alleged that the members of his gang keep on committing the offences referred to in Sections 16, 17 and 22 of the U.P. Gangsters and Anti-Social Activities (Prevention) Act due to which the public at large is so much terrified that nobody dares to come forward and speak or make a statement against them.

The said gang chart was sent to the office of the District Magistrate, Auraiya for sanction and once the sanction was received, the eleven members of the gang were 3 booked under the Gangster Act.

Now, seeking bail in the case, Pathak moved the Court wherein his counsel argued that he has been booked owing to the political rivalry and has nothing to do with the double murder case (predicate offence of killing of two advocates) and that he has been granted bail in the said case.

Several other submissions were made in his defence including that in 12 cases, closure reports have been submitted, and in 16 cases, he has been acquitted, that he is suffering from various ailments, that he is a senior citizen and is languishing in jail since March 2020.

On the other hand, the state’s counsel submitted that the applicant is the person who very much qualifies for the definition of gangster defined under the Act. It was also submitted that the bail granted to the applicant in the predicate offence of Section 302 IPC is without jurisdiction and the same has been challenged before the Apex Court.

It was also stated before the Court that the Pathak is the name of terror in the area and his muscle power is evident from the fact that no witnesses did ever dare to depose against him in court and almost all of them have turned hostile leading to his acquittal.

It was also argued that the trial is going on in the predicate offence and there is every likelihood of the applicant influencing the witnesses as he has long criminal antecedents.

Against this backdrop, the Court noted that in the predicate offence, the applicant allegedly exhorted the other co-accused persons to fire at the deceased and injured persons and thus, the element of actus reus and mens rea are present in the said case.

Further, the Court opined that the present case does not seem to be a misuse of the State Gangster Act and the applicant, having such large criminal antecedents and being the head of the gang, is not entitled to bail.

Against this backdrop, finding no grounds to release him on bail, the Court rejected his bail plea.