NSUI’s President bail plea dismissed

Source: The Hitavada      Date: 28 Oct 2018 11:32:58


 

Legal Correspondent,

Applicant is under apprehension of his arrest in connection with crime, registered at Habibganj police station, Bhopal, for commission of offence punishable under sections 147, 332, 353, 325 and 326 of IPC


A single bench of the Madhya Pradesh High Court (MPHC) of Justice Mohammad Fahim Anwar has dismissed the first bail application filed by Vipin Wankhede, President of NSUI. Looking to the facts and circumstances of the case, the single bench stated that it is not inclined to grant anticipatory bail to the applicant. Hence, dismissed the petition.


This is first bail application filed for grant of anticipatory bail to the applicant, as he is under apprehension of his arrest in connection with crime registered at Habibganj, Bhopal, for offence punishable under sections 147, 332, 353, 325 and 326 of IPC.


Complainant Virendra Yadav was posted as constable in Police Station Ratibad, Bhopal. On February 23, 2016, the constable along with other police personnel was on duty to control the rally of NSUI. It is alleged that during the duty NSUI workers were flogged with the complainant and his uniform was torn, due to which government work was hampered, pelting of stones was done by NSUI workers, which caused injury in his hand and finger. Thereafter, ASI Gyan Singh Mewad and constable Gangaram took him to the hospital.


It is alleged that at time of demonstration the applicant with other co-accused persons have beaten up Virendra Yadav. It is also alleged that his uniform was also torn. The applicant create hindrance to perform his duty and because of pelting stones police officials Sumit Chawla, Dharmendra Yadav, Deepmala Choudhary, Suresh Solanki, Shivam Prajapati and Virendra Yadav were sustained injuries. During the course of medical examination out of all the injured persons Dharmendra Yadav and Virendra Yadav have sustained fractures, which are grievous injuries. Counsel for the applicant submits that applicant is innocent and he has been falsely implicated in the case while he has not committed any offence. It is further submitted that the applicant has been merely implicated because he is a President of NSUI.

It is further submitted that offence has been registered under the influence of politicians of ruling party. It is further submitted that he is ready to furnish adequate surety and shall abide by all the directions and conditions which may be imposed by the Court. Therefore, it is prayed that applicant be released on anticipatory bail. The name of the applicant is mentioned in the FIR. The allegation of using criminal force against the public servant in execution of his duty with intent to deter them from discharging their duty is clearly there. From the act of the applicant and other co-accused persons, not only the complainant Virendra Yadav but also other police personnel sustained grievous injuries. Advocate Shashank Shekhar appeared for the applicant while D. K. Paroha, Government Advocate for respondent/ State.


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