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"Was Defending Myself As Well As My Property", Etah Advocate Who Was Assaulted By UP Police Submits Before Allahabad HC, Granted Bail
Sparsh Upadhyay
24 March 2021 1:29 PM GMT
The Allahabad High Court on Wednesday (March 24) granted bail to Etah Advocate/Special Prosecutor Rajendra Sharma who was assaulted by Uttar Pradesh Police in December 2020. Allegedly, his relatives too were harassed and humiliated during this unfortunate incident.It maybe be noted that the Police broke open the door of a house, and had dragged & pulled Applicant-Sharma (who was in...
The Allahabad High Court on Wednesday (March 24) granted bail to Etah Advocate/Special Prosecutor Rajendra Sharma who was assaulted by Uttar Pradesh Police in December 2020. Allegedly, his relatives too were harassed and humiliated during this unfortunate incident.
It maybe be noted that the Police broke open the door of a house, and had dragged & pulled Applicant-Sharma (who was in Advocate's dress) and had assaulted him mercilessly. The video of this incident had gotten viral.
The Bench of Justice Neeraj Tiwari was hearing the plea of Etah Advocate Rajendra Sharma wherein he submitted that he was wholly innocent and he had been falsely implicated in the present case registered under Sections- 147, 148, 149, 289, 336, 504, 506, 353, 307 I.P.C. and section 7 of Criminal Law Amendment Act.
Arguments put forth
It was also submitted that he was appointed on the post of ADGC by State Government at District Etah in June, 2002 and worked on the said post till 2020 and, again, he was appointed by the State Government on 04.09.2020 on the post of Special Prosecutor and till now continuing on the said post.
It was further submitted that the applicant is the owner of the house in question and on that unfortunate date, he was encompassed by the ante social ailment. In fact, it was contended that the crowd was trying to have illegal possession over the house of the applicant, therefore, to defend himself as well as his property, he used his licensed pistol causing injury to his son.
It was next submitted that prior to this case, the applicant was having a criminal history of three cases out of which he had been acquitted in two cases and in one case, the proceeding was dropped.
Lastly, it was contended by his counsel that he is in jail since 21st December 2020 and in case he was enlarged on bail, he wouldn't misuse the liberty of bail.
On the other hand, Additional Advocate General and Senior Counsel for the injured opposed the prayer for bail, but could not dispute this fact that the applicant was earlier appointed as ADGC by the State Government and as on date, he is still working as Special Prosecutor appointed by the State Government and also about the acquittal in earlier two cases.
Court's order
Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, larger mandate of Article 21 of the Constitution of India, without expressing any opinion on the merit of the case, the Court directed that applicant- Rajendra Sharma by enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The Background of the Case
The Allahabad High Court had taken suo-motu cognizance of this incident and thereafter the Court had sought a complete report of the incident, wherein Rajendra Sharma, a practicing Advocate at Etah was beaten and manhandled by the police and his relatives too were harassed and humiliated.
Significantly, the Bar Council of India issued a statement condemning the police assault and had urged the Chief Justice of the Allahabad High Court and the Chief Justice of India to take suo moto cognizance of the same. The SCBA too condemned the police assault.
Read Order
