Court rejects AAP MLA Chaitar Vasava’s anticipatory bail plea

Narmada: The district sessions court here rejected the anticipatory bail plea of Aam Aadmi Party Gujarat working president and Dediapada MLA Chaitar Vasava on Tuesday. The court’s decision was based on the grounds that the police had yet to recover the weapon allegedly used by Vasava to fire into the air, intimidating forest officials.

The court criticised the MLA for not cooperating in the investigation and for taking the law into his own hands, despite being an elected representative. Sessions Judge NR Joshi stated in the order that it was evident from the prosecution’s submissions and the investigating officer’s affidavit that Vasava played an active role in the case.

Pulling up Vasava for being on the run, the bench said, “It is clear that the applicant intimidated government officials and also obstructed them from discharging their duties. This cannot be taken lightly. The applicant has been on the run for a long time and has not appeared before the police. If the applicant is granted bail, it could pose a hindrance to the investigation as the applicant can also fiddle with evidence or intimidate the witnesses in the case.”

The court also considered the police’s evidence, which included bank withdrawals of Rs 60,000 from the complainant’s account. Vasava’s argument that he had returned Rs. 30,000 of the alleged extortion money and was willing to return the remaining amount was dismissed by the court as an attempt to gain sympathy.

The judge emphasised that merely returning part of the amount does not diminish the gravity of the crime. The court noted that if the prosecution could prove that the amount was extorted through force and criminal intimidation, a conviction could still occur even if the sum had been returned.

Noting that Chaitar had failed to adhere to the police notices and “indeed had a history of criminal activities,” the court emphasised, “Furthermore, the applicant is the primary accused in the case. Despite being served notices under CrPC Section 41 on November 4, 5, and 6, he has not presented himself before the police. The accused has a prior record under PASA and was outlawed in 2021. The police affidavit outlines four additional offences against the applicant. Additionally, the applicant has a previous conviction by the Sessions Court, leading to probation. Despite this, he has engaged in the current criminal activity and, therefore, cannot be granted anticipatory bail.”

The FIR against Vasava involves threatening forest officials, firing from a revolver (which has not been recovered), and extortion related to the alleged removal of crops from encroached lands. The court expressed concern over the severity of the charges, including forest officials being threatened with dire consequences.

Vasava’s lawyer, KJ Tadvi, mentioned that they would move to the High Court on Wednesday after the Sessions Court rejected the anticipatory bail plea. He also highlighted that Vasava’s wife, Shakuntala, personal assistant Jitendra Vasava, and farmer Ramesh Vasava were in judicial custody.

The FIR, filed at Dediapada police station, alleged that Vasava and his family abused and assaulted forest officials on October 30, with Vasava firing a round into the air to intimidate one of the officers. Seven other individuals, including Vasava’s wife, personal assistant Jitendra Vasava, one Ramesh Vasava, and three villagers, were named in the FIR. DeshGujarat