An Indore sessions court on Saturday denied BJP politician Akshay Kanti Bam and his father anticipatory bail on Friday in an attempt-murder case involving a 17-year-old, citing no possibility the accused would be taken into custody. In a major setback for the Congress in Indore, its candidate Akshay Kanti Bam withdrew from the race on April 29, the deadline for withdrawal of nominations, and joined the BJP.
After considering both parties’ submissions, Additional Sessions Judge Vinod Kumar Sharma dismissed Bam and his father Kantilal’s application for anticipatory bail. “There is no apprehension of arrest of the accused in this case, therefore, the provisions of Section 438 CrPC are not applicable,” the judge said.”
The Additional Sessions Judge also said that in the current circumstances of the case, the accused should appear in court and participate in the advance proceedings, and if necessary, they can file an application for regular bail in the case under Section 307 (attempt to murder) of the Indian Penal Code.
A first class judicial magistrate (JMFC) of Indore had on April 24 ordered the addition of Section 307 (attempt to murder) of the Indian Penal Code in the FIR lodged against Bam and his father for assaulting a man 17 years ago over a land dispute, on the plea of the victim’s side. The magistrate had also ordered the father-son duo to appear before the sessions court on May 10.
Barely five days after this order, Bam took the step of withdrawing his name as the Congress candidate from Indore. The application, on which Bam’s legal troubles have increased, was filed on April 5, just 13 days after his candidature was announced as the Congress candidate from Indore on March 23.
According to police officials, a FIR was filed against Bam, his father Kantilal, and others on October 4, 2007, for attacking a man named Yunus Patel over a land dispute. The FIR was filed under sections 294 (obscenity), 323 (voluntarily causing harm), 506 (criminal intimidation), and other relevant provisions of the Indian Penal Code, he stated.
Patel claims that during the incident, Satvir Singh, the operator of a security agency, fired at him with a 12-bore gun at the request of Akshay’s father, Kantilal. Satvir Singh, the accused, later died.