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Indore (Madhya Pradesh): A special court on Monday acquitted former BJP MLA (Indore-3) Akash Vijayvargiya in a case where a building inspector of Indore Municipal Corporation (IMC) was allegedly ‘hit’ with a cricket bat in 2019. The incident became infamous as ‘BallaKand’. The court verdict arrives as a birthday gift in advance for Akash, who will be celebrating his birthday on September 12.
He is the son of heavyweight BJP leader Kailash Vijayvargiya. Apart from Akash, nine other accused too were acquitted of various charges, including assault and criminal intimidation, by the court set up for trial of criminal matters involving MPs/MLAs, a defence lawyer said. The court was presided over by Judge Dev Kumar. The arguments in the case were completed last week.
During arguments, Akash’s lawyers told the court that the viral video of the incident was edited. The corporation officer who filed the case too had denied being hit by the bat. The video was not even forensically examined, the lawyers claimed. ‘The prosecution could not prove charges in the case. Due to this, the court acquitted Akash and nine others,’ defence lawyer Uday Pratap Singh Kushwah told reporters.
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He said that the authenticity of the alleged video could not be proved in the court and the complainant municipal corporation officer, Dhirendra Singh Baias and other witnesses did not clearly support the prosecution theory. A case was registered against the then BJP MLA Akash Vijayvargiya and 10 others for allegedly beating up municipal building inspector Baias with a cricket bat on June 26, 2019.
The FIR was registered under IPC section 353 (assault or criminal force to deter public servant from discharge of his duty), 294 (abusive language), 323 (assault), 506 (criminal intimidation), 147 (rioting) and 148 (rioting armed with deadly weapon).
The then-legislator from Indore-3 was protesting against demolition of a dilapidated house in Ganji Compound of the city when the alleged incident took place. Congress government led by Chief Minister Kamal Nath was in office at that time. A purported video of the incident went viral on social media, leading to the arrest of Akash, who was later granted bail by the court.
TIMELINE
* On 26 June 2019, IMC official Dhirendra Bais was beaten up with a cricket bat when he with a removal gang had gone to demolish a dilapidated house in Ganji Compound. A video of the incident went viral wherein a man was seen beating official with a bat.
* On the complaint of the officer, MLA Akash Vijayvargiya and 11 others were booked at MG Road police station.
* A case was registered under section 353,294,323,506,147 and 148 of the Indian Penal Code.
* When the video of the incident went viral, the then Home Minister Bala Bachchan of the Congress government ordered the arrest of Akash.
* The police arrested Akash and 11 supporters after the incident.
* On June 29, 2019, Akash got bail from the Special Court of Bhopal.
* He came out of jail on June 30, 2019.
