PRAYAGRAJ: Varanasi: Mafia don-turned-politician Brijesh Singh was released from Varanasi Central jail on Thursday, a day after Allahabad high court granted him bail in a criminal case for alleged attack on another mafia don and former MLA Mukhtar Ansari in 2001 in Mohammadabad police station area of Ghazipur district. This was the last of the several criminal cases Brajesh Singh was facing in which the trial was yet to start.
Senior superintendent of Central Jail Arvind Kumar Singh said that the high court bail order on Wednesday, Brijesh Singh’s release order was received from ADJ-I (MPMLA) court of Ghazipur district on Thursday. “In view of the order, Brijesh was released from jail at 7 pm,” he added. Brijesh was in jail since 2008 after he was arrested in a dramatic manner in Bhubaneswar.
In the present case, an FIR was registered on July 15, 2001 under several sections, including 302 (murder), 307 (attempt to murder), 120-B (conspiracy) of Indian Penal Code (IPC). One person had died in this incident and several others had sustained serious injuries.
While granting bail to Brijesh on his second bail application, Justice Arvind Kumar Mishra observed, “Here moot point arises whether the applicant should suffer for the laxity of the prosecution. Reasonable chance was given to the prosecution to speed up the trial but the prosecution could not get its material witnesses examined before the trial court despite time being granted while the first bail application was considered by the coordinate bench of this court. If the proceedings of the trial court are going on in the manner like the present one, it is beyond comprehension as to when the proceeding of the trial shall be concluded.”
“As per apex court’s rulings, the right of speedy trial is the fundamental right of an accused because denial of right of speedy trial erodes spirit and essence of Articles 14 (right to equality) and 21 (right to life and personal liberty) of the Constitution of India,” the court added in its order dated August 3.
It was contended that the applicant was languishing in jail since December 11, 2009, therefore, in view of principles laid down by the apex court, the applicant was entitled to be released on bail.