The Supreme Court docket Tuesday refused anticipatory bail to Mohammad Umar, son of former MP Ateeq Ahmad, in a case of kidnapping and assault on a businessman in a UP jail, and mentioned there are “sure privileged individuals” within the nation whom “police will not be in a position to catch regardless of non-bailable warrant”.
A bench of Justices N V Ramana, Surya Kant and Aniruddha Bose dismissed the petition filed by Umar difficult the December 7, 2020 order of the Allahabad Excessive Court docket refusing to grant him anticipatory bail.
The courtroom mentioned it appears the police (CBI) will not be appearing in opposition to the accused.
“On this nation there are specific privileged individuals, whom police will not be in a position to catch regardless of non-bailable warrants in opposition to them,” the bench noticed.
The police will not be in a position to execute a non-bailable arrest warrant in opposition to Umar, it mentioned.
The bench mentioned, “We see no cause to intervene with the impugned order handed by the Excessive Court docket dismissing the 2nd anticipatory bail utility of the petitioner. The Particular Go away Petition is, accordingly, dismissed”.
Through the listening to, senior advocate P S Patwalia, showing for Umar, mentioned he’s a younger pupil learning legislation from a non-public college and the allegation in opposition to him is that he had crushed up a businessman within the jail, the place his father was lodged.
He submitted that it’s not denied that Umar was in Deoria jail of Uttar Pradesh that day as he had gone to fulfill his father.
The bench nonetheless informed Mr Patwalia that police will not be in a position to catch him, then how can it grant him anticipatory bail within the case.
Mr Patwalia mentioned that he’s a younger boy, who doesn’t have any felony historical past.
“There could also be a number of instances in opposition to his father however the son doesn’t have a single case in opposition to him, besides this one,” the senior counsel argued.
The bench, nonetheless, refused to simply accept his rivalry and dismissed Umar’s attraction.
Businessman Mohit Jaiswal had filed an FIR on December 28, 2018, alleging that he was kidnapped from Lucknow and brought to the jail the place he was assaulted by the jailed don, his son and aides and was pressured to switch his enterprise to them.
Lucknow-based realtor Mr Jaiswal had alleged that he was tortured and compelled to switch 5 of his companies within the title of the previous lawmaker.
The mixed property of the companies have been price Rs 45 crore, the FIR mentioned, including that Ahmad additionally took away Mr Jaiswal’s automotive and different belongings earlier than releasing him.
Following the assault case, on April 23, 2019, the highest courtroom had directed shifting Ahmad to a excessive safety jail in Gujarat for kidnapping and assaulting Mr Jaiswal.
Taking a robust word of the incident, the highest courtroom ordered a CBI probe into the case.