Prayagraj: The Allahabad High Court on Friday dismissed a petition filed by former Uttar Pradesh minister Amarmani Tripathi challenging the non-bailable warrant (NBW) issued against him by an MP/MLA court in Basti as well as the order declaring him absconder in a 2001 kidnapping case.
Dismissing the petition, Justice Sanjay Kumar Singh observed: “However, it goes without saying that in case the applicant appears before the court below and apply for regular bail, the same shall be decided on the same day in the light of judgment of the apex court in the case of Satender Kumar Antil Vs CBI and another.”
Earlier, the court had directed the special judge MP-MLA, Basti to send a photocopy of the complete order of sessions trial no.2 of 2022 by March 14 by a special messenger in sealed cover. An FIR was lodged by a businessman Dharmraj under section 364A (kidnapping for ransom etc) in Basti alleging that his son was kidnapped by some unknown person on Dec 6, 2001. Amarmani’s name cropped up in the case during investigation. He was sent to jail and later released on bail. Later, a supplementary chargesheet was submitted in the case under Gangsters Act. On Nov 1, 2023, the special judge, MP-MLA Basti issued process against the applicant under section 82 of CrPC and declared him absconder. The applicant challenged it before the high court.
Appearing on behalf of applicant senior advocate GS Chaturvedi assisted by Ajatshatru Pandey argued that the process to declare Tripathi as absconder has wrongly been issued as he has already been released on bail in the main case of kidnapping for ransom. Hence, he may be directed to be released in the subsequent case clamped under the Gangsters Act on the personal bail bond. Amarmani and his wife Madhumani, who were serving life sentences for the murder of poetess Madhumita, were released in August 2023 on the orders of the UP-Prison Administration and Reforms. They, however, did not appear before the Basti court, which was hearing the abduction case, despite several summons.
Dismissing the petition, Justice Sanjay Kumar Singh observed: “However, it goes without saying that in case the applicant appears before the court below and apply for regular bail, the same shall be decided on the same day in the light of judgment of the apex court in the case of Satender Kumar Antil Vs CBI and another.”
Earlier, the court had directed the special judge MP-MLA, Basti to send a photocopy of the complete order of sessions trial no.2 of 2022 by March 14 by a special messenger in sealed cover. An FIR was lodged by a businessman Dharmraj under section 364A (kidnapping for ransom etc) in Basti alleging that his son was kidnapped by some unknown person on Dec 6, 2001. Amarmani’s name cropped up in the case during investigation. He was sent to jail and later released on bail. Later, a supplementary chargesheet was submitted in the case under Gangsters Act. On Nov 1, 2023, the special judge, MP-MLA Basti issued process against the applicant under section 82 of CrPC and declared him absconder. The applicant challenged it before the high court.
Appearing on behalf of applicant senior advocate GS Chaturvedi assisted by Ajatshatru Pandey argued that the process to declare Tripathi as absconder has wrongly been issued as he has already been released on bail in the main case of kidnapping for ransom. Hence, he may be directed to be released in the subsequent case clamped under the Gangsters Act on the personal bail bond. Amarmani and his wife Madhumani, who were serving life sentences for the murder of poetess Madhumita, were released in August 2023 on the orders of the UP-Prison Administration and Reforms. They, however, did not appear before the Basti court, which was hearing the abduction case, despite several summons.
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