Shrikant Tyagi, who was detained last month after being accused of assaulting a woman at Noida’s Grand Omaxe complex, was granted bail by the Allahabad High Court on Thursday, as reported by The Indian Express.
On 9 August, Tyagi was arrested in Meerut by Noida police. He was charged with violating the Indian Penal Code’s Sections 504 (intentional insult), 323 (voluntarily causing hurt), 447 (criminal trespass), 504 (outraging a woman’s modesty and assault), and 506 (criminal intimidation). Later, after a group of men who were supposedly his followers broke into the housing society and demanded the woman complainant’s arrest, the police filed a FIR against him under the Gangster Act. In addition, Tyagi was charged with impersonating someone else and accused of placing UP government emblems on his vehicles in an effort to “intimidate” people.
A local court granted Tyagi bail in three cases, but it was denied in the Gangster Act case. Tyagi then moved to the High Court .
The Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986’s Section 19(4), upon which the Special Judge of the local court had earlier denied him bail, describes the Act as a “special law” and a “self-contained Act.”
Section 19(4) states, “Notwithstanding anything contained in the Code, no person accused of an offence punishable under this Act or any rule made thereunder shall, if in custody, be released on bail or on his own bond unless: (a) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (b) where the Public Prosecutor opposes the application, the Court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.”
The court had also noted that the accused attempted to portray himself as a high-ranking official by applying the monogram of the Uttar Pradesh government fraudulently on his car, impersonating VIP licence plates, and committing crimes to obtain money and other benefits for himself and his gang.