Allahabad High Court grants pre-arrest bail to alleged aide of thug claiming strong ties within RSS, BJP

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Synopsis

BJP Mahila Morcha member lodged a complaint against Diwakar, the main accused, alleging that he duped Rs. 50 Lacs from her for getting her appointed as a minister.

The Allahabad High Court recently granted anticipatory bail to a man allegedly involved in a cheating case along with Vishnu Babu Diwakar, an infamous thug.

Diwakar, a resident of Kanpur in Uttar Pradesh, is accused of duping crores, pretending himself to be an RSS member closely associated with top leadership in RSS and BJP.

The instant case was lodged over a complaint of Pooja Bansal, a member of Mahila Morcha in the BJP, alleging that Diwakar told her that he is a senior member of Rashtriya Swayamsewak Sangh (RSS) and he is likely to hold some post in the BJP. He promised Bansal that he would get her appointed at some post equivalent to a minister and obtained Rs. 50 lacs from her.

The present accused namely Akash @ Satish was claimed to have abused and threatened the complainant woman. 

Pressing for Ashish's bail, his counsel argued before the bench of Justice Raj Beer Singh that Ashish was not named in the FIR of the instant case and he has no criminal antecedents. Involvement of applicant has been shown on the basis of statement of complainant, recorded under Section 161 Cr.P.C., he submitted. 

He also stated that no coercive process has been issued against Ashish and except the allegations of abusing and threatning, there was no evidence against him on record. 

The counsel further apprised the court that the main accused Vishnu Babu Diwakar has already been granted anticipatory bail in the case. 

Referring to the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011), wherein, the Apex Court stated that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice, the high court bench concluded that considering all attending facts and circumstances of the case, a case for anticipatory bail was made out. 

Accordingly, Court allowed the pre-arrest bail plea directing that in the event of arrest in the instant case, Akash @ Satish shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned.

Case Title: Akash @ Satish v. State of U.P. and Another