UP Govt Opposes Bail, But Concedes on Parity
Defence lawyer says the 3 men still behind bars will also get bail on parity
Dadri: Six key accused that got bail in the Akhlaq murder case in the last four months from Allahabad HC did see the Uttar Pradesh government vehemently opposing their prayers for bail before court but ultimately conceding on the ground of parity.
A review of the nearly identical bail orders in the five cases by ET shows the pendulum swung in the favour of these accused as all of them had no previous criminal history though HC specified it was “not commenting on the merits” of the Akhlaq murder case. Punit and Arun, who were accused by the police of lynching Akhlaq, got bail on April 6. They contended their name was neither mentioned by Akhlaq’s wife in the FIR nor by the informant in his statement to police. Though Akhlaq’s daughter Shahista named them in her statement before a magistrate 68 days after the murder, she did not name them in her statement to the police a fortnight after the murder. The accused pleaded “no specific role” had been ascribed to them in the lynching. “Learned government attorney has vehemently opposed the prayer. Considering the facts and circumstances of the case, nature of accusation made against applicant and without commenting on the merits of the case, I find it a case of bail,” the HC order said regarding Punit and Arun. Four more accused, Vishal, Saurabh,GauravandShivamthen asked for bail on grounds of parity with Punit and Arun and secured bail on July 31, 27, 11 and 7 respectively. All four pleaded to court that they were “innocent and falsely implicated”. Shivam pleaded that asArunhadgotbailonApril6fora similar role in the murder as him, he should be granted bail too - which was accepted by court. Gaurav then cited Shivam’s bail, Saurabh cited Gaurav’s bail and Vishalcitedthebail of all the five granted bail before him. “On behalf of state bail has been opposed but learned government attorney conceded on thepointof parity,” HC order regarding Vishal says. A defence lawyer told ET that three moreaccusedstillbehindbarswill alsosoongetbailonsamegrounds.
HC did fix stringent conditions while granting bail. The accused cannot seek any adjournment on dates fixed for evidence during trial or the trial court can treat it as abuse of liberty of bail. Each accused has been directed to remain present before trial court on each date and cooperate with the trial, not tamper with the evidence.
The accused cannot seek any adjournment on dates fixed for evidence