Supreme Court Denies Bail to Ex-Samajwadi Party Legislator Kamlesh Pathak

Supreme Court Refuses Bail to Former Samajwadi Party Legislator Kamlesh Pathak in Gangster Act Case

On Monday, the Supreme Court denied the bail plea of former Samajwadi Party legislator Kamlesh Pathak in a case registered under the Uttar Pradesh Gangster Act. A bench comprising Justice Dipankar Datta and Justice Satish C Sharma cited Pathak’s extensive criminal history and his purported influence in the region, deeming his request for release on bail as “unreasonable.”

The bench highlighted that Pathak, who faces over a dozen criminal cases, had apparently “settled” many of these with the complainants, suggesting his dominance in the area. Despite being granted bail in separate cases of murder and attempted murder, Pathak remains incarcerated due to the Gangster Act case.

Senior Lawyer Anjana Prakash, representing Pathak, argued that her client’s prolonged detention under the Gangster Act was unjust, referencing a Supreme Court order from May 2023 that allowed for a renewed bail plea if the trial did not conclude within three months. However, the bench expressed skepticism about the trial concluding within that timeframe, given the case’s complexity and Pathak’s criminal background.

Pathak is implicated in a double murder case in Auraiya, where advocate Manjul Chaubey and his sister were fatally shot in March 2020. The police accused Pathak, his two brothers, and eleven others of the murders, alleging a motive to seize temple land managed by Chaubey’s family.

Despite being granted bail by the Allahabad High Court in the murder and assault cases in April 2022, Pathak’s plea for bail in the Gangster Act case was repeatedly denied by both the trial court and the high court. Following the Supreme Court’s provision to renew his bail application after three months, Pathak’s subsequent attempts were also unsuccessful.

In March, the high court once again rejected Pathak’s bail plea, citing the seriousness of the charges, the assigned role, the potential for evidence tampering, and the ongoing trial’s stage. The Supreme Court’s recent decision reinforces the gravity of the allegations against Pathak and underscores the judiciary’s stance on addressing crimes under the Gangster Act.

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