Allahabad High Court grants pre-arrest bail to Peace Party president Dr. Ayub in case over alleged death threat to CM Yogi Adityanath

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The Allahabad High Court recently granted pre-arrest bail to Dr. Ayub, the National President of Peace Party, in the 2016 case lodged over his alleged statement made at a public rally extending death threats to Uttar Pradesh Chief Minister Yogi Adityanath, the then Member of Parliament from Gorakhpur.

The bench of Justice Sanjay Kumar Pachori directed that in case of arrest, Dr. Ayub will be enlarged on anticipatory bail in the instant case till the conclusion of the trial.

A First Information Report (FIR) was lodged by Sunil Singh, the President of Hindu Yuva Vahini Sangathan on July 26, 2016 against Ayub and some unknown persons alleging that he and his companions saw that Ayub was addressing a huge crowd at a park in the city, where from the stage, Ayub was saying that Yogi Adityanath is a terrorist. 

Singh had also alleged that he heard Ayub saying that wherever he would find Yogi Adityanath, he would kill him, and then he would capture the Gorakhnath temple.

After lodging the FIR and completing the investigation, the charge sheet was submitted in April 2017 and concerned magistrate took cognizance in the instant matter in March 2021.

Ayub's counsel pressed for his anticipatory bail contending that Ayub was innocent and had been falsely implicated in the instant case due to political rivalry. He submitted that Ayub came to know about the case for the first time in October 2021 only and no notice has been served upon him under Section 41A, Cr.P.C.

He also contended that in the FIR registered under Sections 295A, 500, 504, 505, 506 of the Indian Penal Code, no date and time of the incident are mentioned and till date, no electronic evidence has been collected against Ayub to prove the case. 

He submitted that Ayub applied before the lower court for granting pre-arrest bail which got rejected, however, the high court granted him interim anticipatory bail in January this year which extended till April 26. 

Case Title: Dr. Ayub v. State of U.P. and Another