GREATER NOIDA: Overriding an order the
Allahabad high court
which rejected the police’s contention to send an accused in the
gangster act
to jail, the
Bisrakh police
arrested another member of the Anil Dujana gang booked in the same case and produced him before the court.
Taking note of the high court’s order, the court of additional district and sessions judge Manoj Kumar rejected a police plea for the remand of accused Chandrapal Pradhan.
Chandrapal Pradhan of Bambawad village who is also a member of the Anil Dujana gang, according to police, was arrested earlier this week in connection with the gangster act case lodged against him and 34 other accused in February 2019.
He was produced before the court which heard the remand application on Tuesday.
Pradhan's lawyer Anuj Nagar told TOI that in the case lodged under the gangster act in 2019, 34 others were also booked and some had approached the Allahabad high court.
“Three FIRs were lodged against three different gangs. While Bisrakh police had booked Anil Dujana and his 34 gang members under gangster act, Dadri police had booked
Randeep Bhati
gang members while Dankaur police had booked
Sunder Bhati
gang members,” he said.
Nagar said one of the accused in the case lodged against Anil Dujana gang members identified as Virender went to the high court which stayed the proceedings of the case in February 2020.
“Despite the court staying the proceedings of the entire case, the police continued to make arrests in the case. On February 14, 2020, Sonu Nai alias Jitender was arrested but the police’s application to send him to judicial custody was rejected,” he said.
However, on Saturday and Sunday, the Bisrakh police arrested two gang members of the Anil Dujana gang whose remand applications could not be heard by the court of the special judge (gangster act).
“Since it was weekend and the court was not functioning those days, only a general remand magistrate had been sitting that day and so the remand applications could not be heard,” he said.
However, when Chandrapal was produced before the court on Monday, the special (gangster act) court was functional and it heard the bail application.
“The court rejected the remand application citing the order of the high court in the entire case,” he said.
In the order, the court noted that the high court had stayed further action in connection with the case.
“At this stage, there is no legal ground for the arrest of the accused and applying to send him to judicial remand. The legal opinion of the prosecution officer that the high court order of February 2020 was applicable only in the case of Virender is not acceptable,” the court noted in its order.
The Bisrakh police have, however, decided to appeal against the court’s order.
ACP-2 (central Noida) Yogendra Singh told TOI they were against the order of the court.
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