Today(on 20th May),Supreme Court rejected the bail plea of ex-Samajwadi Party legislator Kamlesh Pathak under Uttar Pradesh’s Gangster Act, citing his extensive criminal record. Justices Dipankar Datta and Satish C Sharma emphasized this factor in their decision.
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NEW DELHI: The Supreme Court today(on 20th May), rejected the bail plea of former Samajwadi Party legislator Kamlesh Pathak in a case registered against him under Uttar Pradesh’s Gangster Act. This decision was made by a bench comprising Justices Dipankar Datta and Satish C Sharma, who cited Pathak’s extensive criminal record as a significant factor in their ruling.
The bench highlighted Pathak’s criminal antecedents, stating that his request for release on bail seemed “unreasonable” given his alleged influence in the region and the severity of the charges against him. The court noted that more than a dozen cases against Pathak appeared to have been “settled” with the complainants, implying the petitioner’s dominance in the area.
Senior counsel Anjana Prakash, representing Pathak, argued that her client had been granted bail in separate cases of murder and attempted murder but remained incarcerated due to the Gangsters Act case. She referred to a May 2023 order of the Supreme Court, which allowed Pathak to renew his bail plea if the trial in the Gangster Act case was not concluded within three months. Prakash expressed frustration over the slow progress of the trial.
In response, the bench remarked-
“The court’s expectation that a case of this nature from Uttar Pradesh would conclude within three months is optimistic. However, given the circumstances, we find ourselves unable to exercise discretion. Considering your criminal history, we cannot grant such an order.”
Background:
The case under the Gangster Act was filed against Pathak due to his alleged involvement in a double murder in Auraiya. In March 2020, advocate Manjul Chaubey, 37, and his 24-year-old sister were brutally murdered at a temple in Auraiya’s Narayanpur. The Chaubey family managed the temple, and the police charged Pathak, his two brothers, and 11 others with murder, accusing them of attempting to seize the temple land.
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Pathak faced another criminal case involving charges of attempted murder and grievous assault. In April 2022, the Allahabad High Court granted him bail in the murder and assault cases. However, he remained in custody due to the Gangster Act charges. Both the trial court and the high court previously rejected his bail pleas in this case.
After the Supreme Court’s May 2023 order granted Pathak the liberty to renew his bail plea if the trial was not completed within three months, he approached the high court again. However, his plea was denied. In March, the high court rejected Pathak’s bail plea for the second time, citing-
“The seriousness of the offense, the applicant’s role, the potential severity of the punishment, the risk of evidence tampering, and the trial’s current stage.”
