'Under Pretext Of Cow Slaughter, Police Officer Lynched' : Supreme Court Stays Bail Granted To Accused In Bulandshahr Violence

On Monday, the Supreme Court stayed the order of the Allahabad High Court granting bail to one of the main accused, Yogesh Raj, in the Bulandshahr mob violence case- which claimed the life of police inspector Subodh Kumar Singh. The Court directed Yogesh Raj him to surrender within a period of seven days. Upon hearing all the parties, considering the seriousness of the offence, the Bench stayed his bail and asked Yogesh Raj to surrender within a period of 7 days. "We have heard learned Counsel for parties at some length. It appears that the charges have not been framed. There is no question of even examining the independent witnesses…The matter is quite serious where under the pretext of cow slaughter, a police officer has been lynched. Prima facie, it is a case of taking law into their own hands. We are thus of the view that Yogesh Raj be asked to surrender within a period of 7 days from today. To that extent the impugned orders granting him bail are stayed." The Bench added - "We call for a report from the Trial Court as to how much time do they need to frame charges then to record the testimony of the independent witnesses."Courtroom exchangeA bench comprising Justices Sanjay Kishan Kaul and M.M. Sundresh was hearing the petitions filed by Rajni Singh, the wife of the deceased police officer, Inspector Subodh Kumar Singh. The deceased officer had gone to the crime scene to maintain law and order and eventually lost his life to a violent mob, protesting the slaughtering of a cow. The Petitioner assailed the order of the Allahabad High Court which had granted bail to Yogesh Raj, one of the main accused and a powerful local leader of Bajrang Dal. Along with the said petition, the Bench was also hearing the petition filed by a co-accused whose bail was rejected by the High Court. Senior Advocate Sanjay Hegde appearing on behalf of the Petitioner, Rajni Singh, apprised the Court about the criminal antecedents of Yogesh Raj, who had filed an affidavit before the Supreme Court to vouch that no bail condition had been flouted by him. "In the first matter Yogesh Raj who was the leader of the mob filed an affidavit saying that your lordships should not cancel bail, that he has not violated any of the conditions of the bail. To which I have filed a rejoinder pointing out he contested elections when he threatened to murder somebody who had not voted for him." Referring to his rejoinder, Mr. Hegde pointed out that an FIR had been lodged against Yogesh after he was released on bail for committing offence punishable under Section 147, 148, 308, 352, 504, 506 of the IPC. As per the FIR he along with his men, attempted to kill a family for not casting vote in his favour in the Panchayat elections. Mr. Hedge emphasised that though the incident of lynching had taken place almost 3 years ago, charges have not yet been framed in the teeth of the guidelines laid down by the Supreme Court in Tehseen Poonawalla v. Union of India. "Since, more than 3 years have passed since the incident, however charges are yet to be framed because of his influence. I have also enclosed the guidelines in Tehseen Poonawalla which cover incidents like this which call for speedy trials in the dedicated courts. The pandemic may have come in between." Putting forth his main argument, Mr. Hegde submitted that the right of personal liberty accorded to all by the Constitution is neither unfettered nor unbridled.The right must necessarily be placed and tested in the balance alongside larger societal needs of peace and orderly conduct. Advocate-on-Record, Mr. Rohit Amit Sthalekar, appearing for another accused (Lokendra) who had not been granted bail by the Allahabad High Court, at the outset submitted that on a perusal of the chargesheet it would be clear that the argument for criminal antecedent does not hold true for him. He further contended that Lokendra is a person with disability and he had been incriminated only on the statement of two witnesses who have alleged that there is video footage of him running with the mob. It was emphasised that he is not named in the FIR and there were no allegations of murder against him. Moreover, the video footing showing him run with the mob had also not been filed. "First and foremost the allegations of criminal antecedents do not stand against me. Even in the chargesheet it has been categorically mentioned that I have no criminal antecedent. Second important fact is that I am 40% paralysed. I have polio by birth. Now, my incrimination has come only on the basis of video footage which has been allegedly stated in the statements of only two witnesses that I have been running in the mob. And the allegation is not of killing the police officer, but that I was a part of the mob and one person Prashant Nath actually fired the gun after snatching it from the police officer. ...

'Under Pretext Of Cow Slaughter, Police Officer Lynched' : Supreme Court Stays Bail Granted To Accused In Bulandshahr Violence

Sohini Chowdhury

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