Tanvi Pilane
Published on: March 15, 2022 at 22:27 IST
A Single-Judge Bench of Justice Rajiv Singh of the Allahabad High Court granted Bail to former Indian Police Service (IPS) Officer, Amitabh Thakur.
The Indian Police Service officer had been Accused of Harassing two individuals who had Immolated themselves outside the Supreme Court.
The Bail was granted by the Court after noting that the Charge-sheet in the Case has already been filed.
Serious Allegations had been leveled by the Victims by the two individuals. One of the individuals Accused Bahujan Samaj Party MP Atul Rai, of raping her at his Varanasi home in 2019.
An Inquiry Committee was constituted by the Uttar Pradesh (UP) Government which had found Bahujan Samaj Party (BSP) MP and Amitabh Thakur Prima Facie Guilty of Abetting the Victim and her Associate Witness to Commit Suicide, in its Interim Investigation Report. The Report also recommended registering a Case against them.
Thakur was then Arrested by the Uttar Pradesh (UP) Police who charged for Offences under Sections 167 (Public servant framing an incorrect document with intent to cause injury), 195A (Threatening any person to False Evidence), 218 (Public Servant framing incorrect record, etc), 306 (Abetment of Suicide) 504 (Intentional insult with intent to provoke Breach of the peace), 506 (Criminal intimidation) and 120B (Criminal Conspiracy) of Indian Penal Code.
It was submitted by Thakur’s Advocate, Nadeem Murtaza that there was no Mens Rea and that there was no Evidence that an active role had been played by Thakur in the Abetment of suicide of the two individuals.
It was also submitted that without there being proximity to the time of occurrence on the part of the Accused, the Conviction under Section 306 IPC is not Sustainable.
Bail, subject to furnishing Personal Bond of Rs. 20,000 was granted to Thakur by the Court after hearing and considering the rival submissions.
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