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Arjit Shashwat in custody

Court grants bail to junior Coubey, prosecution side fails to establish charges


April 9th, 2018

Our Bureau/

How the social fabrics could be broken while  raising slogan ‘Bhrat Mata Ki Jai’ or ‘Jai Sree Ram’- was the focal point of the debate in the court today at Bhagalpur during the arguments for regular bail of Arjit Shashwat, son of union health and family welfare minister, Ashwani Kumar Choubey.

However, Kumud Ranjan Singh , additional district and session judge-4 (ADJ-4) and the in-charge court of district and session judge (DJ), Bhagalpur granted conditional regular bail to Arjit Shashwat who earlier was made prime accused in Nathnagar incident of March 17. Seven other co accused in the case also managed to obtain conditional regular bails from the court today in Nathnagar case.

Civil court, Bhagalpur.

The court after hearing the bail petition( no 567/18) in Nathnagar PS case no 176/18, however put some conditions before the accused persons. It has ordered Shashwat and other 7 co accused not to create any such situation after coming out from the jail which create  nuisances publically and also  asked them to restrain themselves either to bring out any procession or to be a part of any procession, confirmed Satya Narayan Prasad Sah, public prosecutor (PP).

Except one Anup Lal Sha all the 8 persons including Shashwat who are made  accused in case No -176/18 of Nathnagar PS would come out from jail after spending nearly 9 days inside. Since Anup Lal surrendered in the court lately, some time would be taken for setting him out of the jail, said Biresh Mishra, legal counsel of Shashwat.

Arguments for the bail which lasted over more than half an hour inside the court was interesting. Defense counsels Mishra along with Abhay Kant Jha pleaded the court  that their clients mainly Shashwat was implicated by the prosecution  falsely and the case has no merit to run under  section 353, 153 A and 295 A which is not implacable in the case. “As per 196 Crpc, to frame charges under sections of 153A and 295A the prosecution side first have to  obtain permission from state or center. Since the prosecution side  yet not taken the permission, submission of this case under the sections should not be permissible,” urged defense counsels. They also gave the reference of a judgment of Supreme court and claimed that the intension of their clients were never for spreading any disturbances in the society neither to hurt the sentiment of any during the procession taken out earlier on March 17.

The defense side also underlined the drawbacks of the FIR which earlier instituted against the accused persons by a police officer. “There was not a single individual evidence, all the  witnesses are police personnel mentioned in the case diary (CD),” defense counsels underlined during the argument today. It also pointed out all the persons made accused in the case are highly educated and reputed personalities. “If they raised slogans of Bharat Mata ki jai or Jai Sree Ram, what was their fault or were they committed any crimes by raising such slogans,” the defense counsels asked in the court.

defense counsel, Biresh Mishra.

The PP, Sah , however castigated the accused persons for spreading tension and breaking peace in the society. “With mollified intension, objectionable slogans were hurled from high sounding DJ instrument in the procession which generated tension in the society and subsequently the tension sparked on the streets at Nathnagar localities.  The malicious acts by the accused engineered the incident of March 17 at Nathnagar localities in which many sustained injuries and unruly mob looted many shops there,” the PP pointed out. The PP strongly opposed for granting bail to the accused persons during the argument today with a plea that bail out of the accused persons could again pose threat to brake the peace in the society.

Public Prosecutor , Satya Narayan Sah.

Earlier, on April 1, Shashwat was brought here soon after his arresting and produced here at a local court. The court here sent him to  judicial custody. Bhagalpur police had to face a tough time to control the irate BJP activists who demonstrated strongly in protest here. Even parties ladies activists directly confronted with police when Shashwat was producing before the court here. Today, a sizable number of party workers assembled in the civil court premises, but were discipline lots. “We will celebrating the release of our leader and the other party workers the day they will set free from the jail,” said a party workers who arrived Dariyapur, the home turf of Ashwani Choubey at Bhagalpur to arrange a function on this occasion.

Ashwani Kumar Choubey said it a victory over the evils since all the BJP workers including his son was innocent. “We have full faith and respect on judiciary and since my son along with others were falsely fabricated in the case by some people having vested political interests, we were confirmed that judgment will be delivered in our favour,” he  said. The union minister who arrived Baxuar, his constituency today asked his party works at Bhagalpur to start celebrating the event but in discipline and peacefully.

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