SC pulls up UP accused not released despite bail order last month

The Supreme Court on Wednesday pulled up the Uttar Pradesh government for not releasing an accused in the Rs 3,500 crore Noida “bike bot” Ponzi scheme, despite its month-old order which granted bail to him.

A bench, headed by Justice A.M. Khanwilkar and comprising Justices Dinesh Maheshwari and C.T. Ravikumar said: “We deprecate the conduct of the Investigating Officer and also express our serious reservation about the manner in which the Magistrate mechanically proceeded to direct remand of the applicant/petitioner disregarding the order passed by this Court on December 13, 2021.”

In December, the top court ordered the release of accused Vijay Kumar Sharma on bail, however a magisterial court sent him to further custody, in violation of the top court order.

The bench said it passed the bail order a month ago, and the man has not been released so far.

“You will not release the person even after a month. It’s a very serious issue,” it told the UP government counsel.

The top court, in its order, said: “We direct the Investigating Officer concerned with crime No. 817 of 2020 to forthwith take steps to release the applicant/petitioner on bail and comply with the order dated 13.12.2021 in connection with the stated offences (all the FIRs in the State of Uttar Pradesh) concerning Bike Bot project passed by this Court without any loss of time.”

It further added: “We further direct the concerned officials of the State of Uttar Pradesh to eschew from repeating such misadventure in future, disregarding the unambiguous order passed by this Court on December 13.”

The bench said the copy of this order should be forwarded forthwith to the Secretary, Home Department through email for information and necessary action and sought a compliance report by Thursday.

Additional Advocate General for Uttar Pradesh Vinod Diwakar assured the top court that the man will be released on Wednesday only.

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