Gangsters Act Case: Allahabad HC Grants Bail To BSP MP Atul Rai

The Allahabad High Court granted bail to Atul Rai, a Bahujan Samaj Party (BSP) Member of Parliament from the Ghosi Lok Sabha constituency, in a criminal case filed under the Gangster Act in Varanasi in 2021.

The single bench of Justice Raj Beer Singh granted bail to Rai. Singh stated that “it seems that the applicant’s illness is long-standing and the applicant has been suffering from these illnesses for a long time. His condition appears to be concerning, and therefore, he requires proper treatment.”

According to the counsel representing the applicant, the MP was facing a total of 24 criminal cases, of which he had already been acquitted in 12 cases and was on bail in the remaining cases. His lawyers claimed that his medical condition “is quite serious and deteriorating day by day.” However, the state government’s lawyers argued against the plea, stating that he has a “long criminal history spanning 24 cases.”

His lawyers mentioned, “This criminal history dates back to 2009. Therefore, it cannot be said that these cases were fabricated during the current government’s tenure.” The lawyers also emphasized that the applicant is undergoing continuous necessary medical treatment. The government’s legal representatives argued, “It is incorrect to claim that the applicant is not receiving proper medical treatment during his detention for political reasons.”

The court noted, “As per the latest report of August 3, 2023, the applicant was found to be suffering from ‘phaeochromocytoma/paraganglioma’ and he was referred to AIIMS, New Delhi, for immediate treatment.” The court also mentioned that the applicant has already been in custody for nearly 1 year and 9 months and only three witnesses have been examined thus far.

It stated, “Thus, there is a possibility of a considerable amount of time being taken for the completion of the trial.” This marked the second bail application submitted by Rai, following the initial rejection of his bail plea by the high court on March 3.

Meera Verma

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