Shivani Thakur
Published on: May 2, 2022 at 16:12 IST
The Allahabad High Court 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 under Sections 295A, 500, 504, 505, 506, Indian Penal Code. 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 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.
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.
Court added,“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.”
High Court 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.