Prayagraj (UP), Mar 22 (PTI) The Allahabad High Court on Friday dismissed a plea moved by former Uttar Pradesh minister Amar Mani Tripathi challenging a non-bailable warrant (NBW) issued against him as well as an order declaring him an absconder in a 2001 case of abduction.
Dismissing Tripathi's plea, Justice Sanjay Kumar Singh said, "In case the applicant appears and applies for regular bail, the same shall be decided on the same day in the light of the Supreme Court judgment in the case of Satender Kumar Antil versus CBI."
Earlier, the court had directed the special judge, MP-MLA court, Basti to send a photocopy of the complete order sheet of sessions trial no. 2 of 2022 in a sealed cover by March 14.
On December 6, 2001, an FIR was lodged against unidentified people in Basti district of Uttar Pradesh on the basis of a complaint from one Dharamraj under section 364A (kidnapping for ransom etc.). The complainant had alleged that his son was abducted by the unidentified accused.
Tripathi's name cropped up in the case during the course of the investigation. He was sent to jail and later, released on bail. Subsequently, a supplementary chargesheet was filed in the case under the Gangsters Act.
On November 1, 2023, the special judge, MP-MLA court, Basti ordered proceedings against the applicant under section 82 of the Code of Criminal Procedure (CrPC) and declared him an absconder in the case.
The applicant challenged the order before the high court.
During the course of arguments, appearing on behalf of the applicant, senior advocate G S Chaturvedi, assisted by Ajatshatru Pandey, argued that the process to declare the applicant an absconder was wrong as he was already out on bail in the case of kidnapping for ransom. Hence, the lawyer said his client should be released in the subsequent case lodged under the Gangsters' Act on a personal bail bond.