# Ramakant Yadav (In Jail) v. State of U.P

- **Citation:** (2023) 3 ILRA 572
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-02-28
- **Case number:** Crl. Misc. Bail Application No. 4602 of 2023
- **Bench:** Dinesh Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/ramakant-yadav-in-jail-v-state-of-u-p-49881
- **Pages:** 9

## Headnote

A. Criminal Law - Code of Criminal
Procedure, 1973-Section 439 - Indian
Penal Code, 1860- Sections 272, 273, 34,
420, 467, 468, 471 - Excise Act-Section
60-A - Nine innocent persons had died by
consuming poisonous liquor purchased
3 All. Ramakant Yadav Vs. State of U.P.
573
from the shop allegedly under the control
of the accused-applicant-the accused has
48 criminal history-co-accused has been
granted bail-But the nine persons died
because of greed and inhuman act of the
accused-Such criminals have accumulated
wealth by committing such offences -
Thus, the applicant is not entitled to be
enlarged on bail.(Para 1 to 19)

The bail application is rejected. (E-6)

## Text

572 INDIAN LAW REPORTS ALLAHABAD SERIES
the E.D. before the learned trial court to the
effect that arrest of the present applicant is
warranted. Therefore, it appears that the
learned trial court has taken the custody of
the present applicant without following the
settled proposition of law of the Apex
Court in re; Aman Preet Singh (supra) and
Satender Kumar Antil (supra).

29. Therefore, in view of the above,
the bail application is allowed.

30. Let applicant- Govind Prakash
Pandey be released on bail in the aforesaid
crime case on his furnishing a personal
bond and two sureties of Rs.1,00,000/- each
before the Trial Court concerned with the
following conditions:-

(i) The applicant shall file an
undertaking to the effect that he shall not seek
any adjournment on the dates fixed for evidence
when the witnesses are present in court. In case
of default of this condition, it shall be open for
the trial court to treat it as abuse of liberty of
bail and pass orders in accordance with law.

(ii) The applicant shall remain
present before the trial court on each date fixed,
either personally or through his counsel. In case
of his absence, without sufficient cause, the trial
court may proceed against him under Section
229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the
liberty of bail during trial and in order to secure
his presence proclamation under Section 82
Cr.P.C. is issued and the applicant fails to
appear before the court on the date fixed in such
proclamation, then, the trial court shall initiate
proceedings against him, in accordance with
law, under Section 174-A of the Indian Penal
Code.

(iv) The applicant shall remain
present, in person, before the trial court on the
dates fixed for (i) opening of the case, (ii)
framing of charge and (iii) recording of
statement under Section 313 Cr.P.C. If in the
opinion of the trial court absence of the
applicant is deliberate or without sufficient
cause, then it shall be open for the trial court to
treat such default as abuse of liberty of bail and
proceed against him in accordance with law.

(v) The applicant shall not leave
India without previous permission of the court.

31. Before parting with, it is made clear
that I have not entered into merits of the issue,
therefore, learned trial court shall conduct and
conclude the trial without being influenced
from any observation or finding of this order as
the observations are only confined to the
disposal of this bail application.
----------
(2023) 3 ILRA 572
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 28.02.2023

BEFORE

THE HON'BLE DINESH KUMAR SINGH, J.

Crl. Misc. Bail Application No. 4602 of 2023
And
Crl. Misc. Bail Application No. 4605 of 2023

Ramakant Yadav ...Applicant (In Jail)
Versus
State of U.P. ...Opposite Party

Counsel for the Applicant:
Sri
Somya
Chaturvedi,
Sri
Gopal
S.
Chaturvedi (Sr. Advocate)

Counsel for the Opposite Party:
G.A., Sri Mahesh Chandra Chaturvedi
(A.A.G.)

A. Criminal Law - Code of Criminal
Procedure, 1973-Section 439 - Indian
Penal Code, 1860- Sections 272, 273, 34,
420, 467, 468, 471 - Excise Act-Section
60-A - Nine innocent persons had died by
consuming poisonous liquor purchased
3 All. Ramakant Yadav Vs. State of U.P.
573
from the shop allegedly under the control
of the accused-applicant-the accused has
48 criminal history-co-accused has been
granted bail-But the nine persons died
because of greed and inhuman act of the
accused-Such criminals have accumulated
wealth by committing such offences -
Thus, the applicant is not entitled to be
enlarged on bail.(Para 1 to 19)

The bail application is rejected. (E-6)
(Delivered by Hon'ble Dinesh Kumar
Singh, J.)

1. Heard Mr. Gopal S. Chaturvedi,
learned Senior Advocate, assisted by Ms.
Somya Chaturvedi, Advocate, representing
the accused-applicant, and Mr. Mahesh
Chandra
Chaturvedi,
learned
Senior
Advocate/Additional Advocate General,
assisted by Mr. Sanjay Singh, learned
Additional
Government
Advocate,
representing the respondent - State.

2. These two bail applications under
Section 439 CrPC seeks bail in the
following cases:-

"i. Crime/FIR No.060 of 2022,
under Section 60A Excise Act read with
Sections 272,273 and 34 IPC lodged at
Police
Station
Phoolpur,
District
Azamgarh; and

ii. Crime/FIR No.039 of 2022,
under Sections 272, 273, 34, 420, 467, 468,
471 and 60-A Excise Act lodged at Police
Station Ahraula, District Azamgarh."

3. The FIRs came to be registered by
the family of the victims, who had died
after
consuming
country-made
liquor
allegedly purchased from the liquor shop of
co-accused, Rangesh Yadav, a licensee,
who is grand-son of sister of the accusedapplicant, his close relative. Though coaccused, Rangesh Yadav is resident of
District Jaunpur, but he has been issued
license for country-made liquor shop at
Town Mahul, District Azamgarh. It is
alleged that though the licensee is coaccused, Rangesh Yadav, but real control
of the shop is under the present accusedapplicant.

4. It is alleged that nine persons had
died
by
consuming
spurious
liquor
purchased from the licensed shop in the
name of co-accused, Rangesh Yadav. It is
further alleged in the FIRs that co-accused,
Rangesh
Yadav
with
other
accused,
Suryabhan, Punit Kumar Yadav, Rambhoj
and Ashok Yadav are manufacturing and
selling spurious country-made liquor from
the licensed shop which has resulted into
death of nine persons. In the forensic
examination of the VISCERA of the
deceased, who had died after consuming
liquor purchased from the shop allegedly
under the control of the accused-applicant,
methyl alcohol/ethyl alcohol poisonous
substance was found. Viscera reports have
been placed on record along with the bail
applications.

5. The name of the accused-applicant
has come into light in commission of the
offence during investigation, however, he
was not initially named in the FIRs.

6. After completing investigation,
charge-sheets have been filed against the
accused-applicant and co-accused under
Sections 272, 273, 34, 420, 467, 468 and
471 IPC read with Section 60-A of the
Excise Act. It is important to mention here
that an offence under Section 272 IPC
entails imprisonment upto life as per Uttar
Pradesh Amendment.

7. The accused-applicant had been
four times Member of Parliament from
574 INDIAN LAW REPORTS ALLAHABAD SERIES
Azamgarh Parliamentary Constituency and
was elected five times as Member of
Legislative Assembly from Phoolpur-Pawai
Legislative Assembly Constituency. At
present also, he represents the said
Constituency in Uttar Pradesh Legislative
Assembly.

8. The accused-applicant is another
Bahubali, a dreaded criminal and mafia don
of Eastern Uttar Pradesh where Bahubali
and Mafia culture is prevalent. This part of
the Uttar Pradesh is adjacent to Bihar and
to some extent political discourse and
culture is similar to that of Bihar This
region is dominated by Mafias Dons.
These Mafias Dons have accumulated
mind-boggling wealth and properties from
proceeds of crimes. They have been
enjoying patronage and shield from law by
the Ruling Elite of the State. After
entering into world of crime, these Mafias
Dons and criminals have been exercising
influence, terror and fear over the poor,
law abiding citizens and have acquired
forcibly/illegally
properties
worth
thousand of crores of rupees. They have
been successful in going scot-free, despite
committing hundreds of heinous offences.
They also get elected and become lawmaker. It is a slur on Indian Democratic
Policy.

9. The inglorious criminal history of
the accused-applicant would suggest that he
had been involved in as many as 48 other
criminal cases and heinous offences, which
would include eight cases of murder,
registered under Section 302 IPC, besides
cases of murder, the cases include offence
under Section 307, 364 and 376 IPC,
Gangsters Act, Goonda Act and SC/ST Act
etc. Such a rich criminal background of the
accused-applicant, which has been placed
on record by means of Annexure-11 to the
bail application, is extracted herein-below:-

"i. Crime/FIR No.043 of 1977,
Police Station Didarganj, Azamgarh;

ii. Crime/FIR No. 049 of 1983,
Police Station Didarganj, Azamgarh;

iii. Crime/FIR No.94-A of 1983,
Police Station Didarganj, Azamgarh;

iv. Crime/FIR No.0111 of 1983,
Police Station Phoolpur, Azamgarh;

v. Crime/FIR No.0200 of 1983,
Police Station Phoolpur, Azamgarh;

vi. Crime/FIR No.074 of 1985,
Police Station Shahganj, Jaunpur;

vii. Crime/FIR No.062 of 1986,
Police Station Didarganj, Azamgarh;

8. Crime/FIR No.094 of 1986,
Police Station Phoolpur, Azamgarh;

9. NCR No. 075 of 1983, Police
Station Didarganj, Azamgarh;

10. NCR No.0118 of 1984, Police
Station Didarganj, Azamgarh;

11. NCR No.0123 of 1984, Police
Station Didarganj, Azamgarh;

12. NCR No.0104 of 1985, Police
Station Didarganj, Azamgarh;

13. NCR No.0105 of 1985, Police
Station Didarganj, Azamgarh;

14. NCR No.0188 of 1985, Police
Station Didarganj, Azamgarh;

15. NCR No.0168 of 1986, Police
Station Didarganj, Azamgarh;

16. NCR No.028 of 1987, Police
Station Didarganj, Azamgarh;

17. Crime/FIR No.083 of 1987,
Police Station Ahraula; Azamgarh;

18. Crime/FIR No 087 of 1987,
Police Station Ahraula, Azamgarh;

19. Crime/FIR No.099 of 1987,
Police Station Shahganj, Azamgarh;

20. Crime/FIR No.36 of 1990,
Police Station Shahganj, Azamgarh;

21. Crime/FIR No.0108 of 1991,
Police Station Didarganj, Azamgarh;
3 All. Ramakant Yadav Vs. State of U.P.
575

22. Crime/FIR No. 06 of 1993,
Police Station Didarganj, Azamgarh;

23. Crime/FIR No. 0425 of 1995,
Police Station Hazratganj, Lucknow;

24. Crime/FIR No. 062 of 1995,
Police Station Phoolpur, Azamgarh;

25. Crime/FIR No.0120 of 1997,
Police Station Didarganj, Azamgarh;

26. Crime/FIR No. 036 of 1998,
Police Station Phoolpur, Azamgarh;

27. Crime/FIR No. 0300 of 2000,
Police Station Phoolpur, Azamgarh;

28. Crime/FIR No. 0198 of 2001,
Police Station Phoolpur, Azamgarh;

29. Crime/FIR No. 0256 of 2002,
Police Station Ahraula, Azamgarh;

30.Crime/FIR No. 0407 of 2004,
Police Station Didarganj, Azamgarh;

31. Crime/FIR No. 0123 of 2004,
Police Station Saraimeer, Azamgarh;

32. Crime/FIR No.049 of 2004,
Police Station Ahraula, Azamgarh;

33. Crime/FIR No. 0412 of 2005,
Police Station Phoolpur, Azamgarh;

34. Crime/FIR No. 0512 of 2005,
Police Station Phoolpur, Azamgarh;

35. Crime/FIR No. 0156 of 2006,
Police Station Didarganj, Azamgarh;

36. Crime/FIR No.067 of 2008,
Police Station Pawai, Azamgarh;

37. Crime/FIR No. 0622 of 2009,
Police Station Phoolpur, Azamgarh;

38.Crime/FIR No. 0241 of 2009,
Police Station Didarganj, Azamgarh;

39. Crime/FIR No. 0960 of 2010,
Police Station Phoolpur, Azamgarh;

40. Crime/FIR No. 056 of 2011,
Police Station Kotwali, Azamgarh;

41. Crime/FIR No. 012 of 2016,
Police Station Pawai, Azamgarh;

42.Crime/FIR No.015 of 2016,
Police Station Pawai, Azamgarh;

43.Crime/FIR No. 024 of 2016,
Police Station Phoolpur, Azamgarh;

44. Crime/FIR No.088 of 2017,
Police Station Phoolpur, Azamgarh;

45. Crime/FIR No.058 of 2020,
Police Station Sidhari, Azamgarh;

46. Crime/FIR No. 063 of 2020,
Police Station Sidhari, Azamgarh;

47. Crime/FIR No. 060 of 2022,
Police Station Phoolpur, Azamgarh; and

48. Crime/FIR No. 039 of 2022,
Police Station Ahraula, Azamgarh."

10. The aforesaid detail of the
criminal cases would disclose that the first
offence,
which
the
accused-applicant
committed, relates to the year 1977 and
first murder, in which he was accused,
relates to the year 1983. Such a dreaded
criminal, gangster, bahubali and mafia got
elected time & again as a Member of Lok
Sabha
and
Member
of
Legislative
Assembly. This shows that something is
seriously wrong and amiss with the
electoral system of the largest democracy
of the world where criminals, like the
present accused-applicant, get elected time
& again as a Member of Lok Sabha/
Legislative Assembly and become lawmakers.

11. This Court, while rejecting the
bail application of another Bahubali,
Sitting Member of Parliament, Atul Kumar
Singh, vide order dated 07.06.2022 passed
in
Criminal
Misc.
Bail
Application
No.5473 of 2022 had noted the increasing
trend of criminals entering into politics and
Parliament. It has been reported that 43%
of the present Member of the Lok Sabha
who got elected in 2019 General Elections
are having criminal background, including
the case of heinous offences. Some of the
relevant paragraphs of the order passed in
Criminal Misc. Bail Application No.5473
of 2020 are extracted hereunder:-
576 INDIAN LAW REPORTS ALLAHABAD SERIES

" 14. A constitution Bench of the
Supreme Court in the case of Public
Interest Foundation & Ors vs Union of
India & Anr : (2019) 3 SCC 224 has taken
note of 244th Law Commission report in
which it was said that 30 per cent or 152
sitting M.P.s were having criminal cases
pending against them, of which about half
i.e. 76 were having serious criminal cases.
This phenomenon has increased with every
general election. In 2004, 24 per cent of
Lok Sabha M.Ps. had criminal cases
pending, which increased to 30 per cent in
2009 elections. In 2014, it went up to 34
per cent and in 2019 as mentioned above,
43 per cent Members of Parliament who
got elected for Lok Sabha are having
criminal cases pending against them. The
Supreme Court has taken judicial notice of
criminalization of politics and imperative
needs of electoral reforms. There have been
several instances of persons charged with
serious and heinous offences like murder,
rape, kidnapping and dacoity got tickets to
contest election from political parties and
even got elected in large number of cases.

15. The Supreme Court has said
that this leads to a very undesirous and
embarrassing situation of law breakers
becoming law makers and moving around
police protection. The Supreme Court in
the said case has directed the Election
Commission of India to take appropriate
measures to curb criminalization in politics
but unfortunately collective will of the
Parliament has not moved in the said
direction to protect the Indian Democracy
going in the hands of criminals, thugs and
law breakers. If the politicians are law
breakers,
citizens
cannot
expect
accountable and transparent governance
and the society governed by the rule of law
be an utopian idea. After independence
with every election, role of identities such
as caste, community, ethnicity, gender,
religion etc, has been becoming more and
more prominent in giving tickets to
winnable
candidates.
These
identities
coupled with money and muscle power has
made entry of criminals in politics easy and
every political party without exception
(may be with some difference in degree and
extent) uses these criminals to win
elections. Giving tickets to candidates with
serious criminal charges would break the
confidence and trust of the civil society,
law abiding citizens of this country in the
electoral politics and elections.

16. No one can dispute that the
present day politics is caught in crime,
identity, patronage, muscle and money
network. Nexus between crime and politics
is serious threat to democratic values and
governance based on rule of law. Elections
of Parliament and State Legislature and
even for local bodies and panchayats are
very expensive affairs. The record would
show that the elected members of Lok
Sabha with criminal records are extremely
wealthier candidates. For example, in 2014
Lok Sabha election 16 out of 23 winners
having criminal charges in their credit
related to murder were multi-millionaire.
After candidates get re-elected, their
wealth and income grows manyfold which
is evident from the fact that in 2014, 165
M.Ps. who got re-elected, their average
wealth growth was Rs.7.5 Crores in 5
years.

17. Earlier, ''Bahubalis' and
other criminals used to provide support to
candidates
on
various
considerations
including caste, religion and political
shelter but now criminals themselves are
entering into politics and getting elected as
the political parties do not have any
inhibition in giving tickets to candidates
with criminal background including those
having
heinous
offence(s)
registered
against them. Confirmed criminal history
3 All. Ramakant Yadav Vs. State of U.P.
577
sheeters and even those who are behind
bars are given tickets by different political
parties and surprisingly some of them get
elected as well.

18. It is the responsibility of the
Parliament to show its collective will to
restrain the criminals from entering into
the politics, Parliament or legislature to
save democracy and the country governed
on democratic principles and rule of law.

19. There is responsibility of civil
society as well to rise above the parochial
and
narrow
considerations of
caste,
community etc and to ensure that a
candidate with criminal background does
not get elected. Criminalization of politics
and corruption in public life have become
the biggest threats to idea of India, its
democratic polity and world's largest
democracy. There is an unholy alliance
between organized crime, the politicians
and the bureaucrats and this nexus between
them have become pervasive reality. This
phenomenon has eroded the credibility,
effectiveness, and impartiality of the law
enforcement agencies and administration.
This has resulted into lack of trust and
confidence in administration and justice
delivery system of the country as the
accused such as the present accusedapplicant win over the witnesses, influence
investigation and tamper with the evidence
by using their money, muscle and political
power. Alarming number of criminals
reaching Parliament and State Assembly is
a wake up call for all. Parliament and
Election Commission of India are required
to take effective measures to wean away
criminals from politics and break unholy
nexus between criminal politicians and
bureaucrats.

20. This
unholy
nexus
and
unmindfulness of political establishment is
the result of reaching person like the
accused-applicant, a gangster, hardened
criminal
and
''Bahubali'
to
the
Parliament and becoming a law maker.
This Court, looking at the heinousness of
offence, might of the accused, evidence
available on record, impact on society,
possibility of accused tampering with the
evidence and influencing/ winning over
the witnesses by using his muscle and
money power does not find that there is a
ground to enlarge the accused-applicant
on bail at this stage. This bail application
is thus, rejected."

12. In another case i.e. Criminal Misc.
Bail Application No.46494 of 2021 vide
order dated 13.06.2022, in respect of
another Bahubali, mafia don and the most
dreaded criminal, a Coordinate Bench of
this Court has mentioned that the said
mafia had managed his affairs in such a
way that he has not received any conviction
against him, which, in fact, is a challenge to
the judicial system that such a dreaded and
white
colour
criminal
had
remained
undefeated and unabated.

13. This Court, in its judgment and
Order dated 21.02.2023 passed in Criminal
Misc. Bail Application No.22865 of 2020,
after noting the criminal history of more
than 80 cases of the brother of the accusedapplicant, who had also been got elected
several times as Member of Lok Sabha
and Member of Legislative Assembly,
has said that the phenomena of hard-core
criminals and mafia dons going scot-free
in heinous offences and then getting
elected and becoming law-makers, does
not augur well for democracy, rule of law
and society, which is to be governed by
rule of law. Paragraph-9 of the order
dated 21.02.2023 passed in Criminal
Misc. Bail Application No.22865 of 2020
filed by brother of the accused-applicant
would read as under:-
578 INDIAN LAW REPORTS ALLAHABAD SERIES

"9. The accused applicant had
allegedly committed the first offence of
murder in the year 1974 and in 48 years of
his long and henious journey in world of
crime, he could be convicted only in two
cases recently in the year 2022. This
phenomena is very perturbing and does not
auger well for a democratic polity and a
society which is governed by rule of law.
All wings of the government i.e. executive,
legislative and judiciary, must share the
blame for allowing such a dreaded
criminal to go scot-free in several henious
offences
which
have
been
noted
hereinabove. Such a criminal should not
have any place in the society."

14. Mr. Gopal S. Chaturvedi,
learned Senior Advocate, representing the
accused-applicant,
submits
that
the
accused-applicant
has
been
falsely
implicated in the present cases as he has
nothing-to-do with the business of liquor
shop of his relative. It is further
submitted that five and half months, after
lodging of the FIRs, statements of
families of the deceased got recorded,
which are stereotype, alleging therein that
the accused-applicant is the real person
behind the liquor shop and, under his
umbrella, co-accused, Rangesh Yadav
runs the liquor shop. The accusedapplicant
has
overall
control
over
manufacturing and selling of spurious
liquor.
It
is
submitted
that
these
statements have no evidentiary value and,
they are hear-say evidence, without there
being anything on record to corroborate
and suggest the involvement of the
accused-applicant in running the liquor
shop, manufacturing and selling the
spurious liquor, as alleged, or otherwise.
It is further submitted that though the
accused-applicant has criminal history of
several cases, however, he cannot be
denied bail, as a long criminal history
cannot be the sole ground to deny an
accused bail, if there is no evidence to
suggest his involvement in commission of
offence, for which he seeks bail. It is,
therefore, submitted that the accusedapplicant, who has been languishing in
jail since 27.07.2022, should be enlarged
on bail.

15. On the other hand, on behalf of
the respondent - State, Mr. Mahesh
Chandra Chaturvedi, learned Additional
Advocate General, vehemently opposes the
bail application and submits that coaccused, Rangesh Yadav is resident of
district Jaunpur and, he is only a mask and,
real
face,
behind
liquor
shop,
manufacturing and selling of spurious
liquor, is of the accused-applicant. It is
further submitted that the accused-applicant
whenever had been enlarged on bail in a
case, had committed one after another
offence and, had misused the liberty of bail
granted to him. It is further submitted that
after committing a heinous offence, he
could secure acquittal as the witness for his
terror, fear and influence turned hostile. It
is, therefore, submitted that there is every
likelihood
of
the
accused-applicant
influencing the witnesses or terrorizing
them, if enlarged on bail, and such a
criminal is not entitled to be enlarged on
bail.

16. It is further submitted by Mr.
Mahesh
Chandra
Chaturvedi,
learned
Additional Advocate General, that the
accused-applicant could secure acquittal in
several heinous offences as no witness
would dare to depose against such a
dreaded criminal, gangster and mafia don.
He strikes unparallel terror and fear in the
hearts and minds of the people of district
Azamgarh, and nearby districts. The
3 All. Ramakant Yadav Vs. State of U.P.
579
witnesses would turn hostile or the trial
would be dragged so that the witnesses get
tired or eliminated.

17. I have considered the submissions
advanced on behalf of the accusedapplicant and the respondent - State.

18. Though the charge-sheets would
disclose
that
the
statements
of
the
witnesses, who have taken name of the
accused-applicant, could be recorded after
five and a half months from the date of
incident, but it appears to be true that
opening mouth against such a dreaded
criminal, mafia don and gangster could be
to be peril of life and liberty of the
witnesses and their families. Only when the
witnesses could have been assured of their
well-being, safety and security, they would
have come forward to make statements
against the accused-applicant.

- In the FIRs, it has specifically
been mentioned that for the shop of coaccused, Rangesh Yadav, from-where the
liquor was purchased by the deceased and,
after
its
consumption,
they
became
seriously ill and ultimately died. The
witnesses have specifically said that shop
in question is under the control of the
accused-applicant and Rangesh is only a
front-man but real person behind the scene
is the accused-applicant. It was the
accused-applicant who could secure the
license for liquor shop in the name of
Rangesh Yadav, who is grand-son of sister
of the accused-applicant. Nine innocent
persons had died by consuming poisonous
liquor purchased from the shop allegedly
under the control of the accused-applicant.
The accuse-applicant has a long criminal
history and, no one could have any
sympathy for such a dreaded criminal of
heinous offences. This Court should not
take a lenient view in such a heinous
offence. Nine persons had died because of
greed and inhuman act of the accused. The
criminals like present accused-applicant
have accumulated mind-boggling wealth
and properties by committing offences.
Liquor is profitable business and is mostly
controlled by mafias. Though, co-accused,
Rangesh Yadav has been granted bail by a
Coordinate Bench of this Court vide order
dated 07.09.2022 passed in Criminal Misc.
Bail Application No.26822 of 2022,
however,
in
the
said
order
merit,
heinousness of the offence and its societal
impact have not been considered, which
reads as under:-

"Heard Ms. Tanisha Jahangir
Monir, the learned counsel for the
applicant, Sri Shashi Shekhar Tiwari, the
learned A.G.A. for the State and perused
the record.

2.The present bail application
has been filed by the applicant with the
prayer to enlarge him on bail in Case
Crime No. 0039 of 2022, under Sections
272, 273, 34, 420, 467, 468, 471 I.P.C. and
Section 60-A of Excise Act, P.S. Ahraula,
District Azamgarh.

3.The aforesaid case has been
registered on the basis of an F.I.R. dated
21.02.2022 lodged against the applicant
Rangesh Yadav and four other named
accused persons, alleging that on 20th
February, 2022, the informant's father had
purchased country liquor from the shop of
the applicant, after consuming which the
informant's father died. The other accused
persons implicated in this case are said to
be salesmen employed by the applicant.

4.In the affidavit filed in support
of the bail application, it has been stated
that the applicant is innocent and has been
falsely implicated in the present case.

5.Learned
counsel
for
the
applicant has submitted that on the basis of
580 INDIAN LAW REPORTS ALLAHABAD SERIES
similar allegations, Case Crime No. 60 of
2022, under Sections 272, 273, 302, 34 IPC
and Section 60(A) of UP Excise Act and
Case Crime No. 40 of 2022, under Section
272, 273 IPC and Section 60(A) of UP
Excise Act were lodged against the
applicant and in both the aforesaid cases,
the applicant has been granted bail by
means of orders dated 29.06.2022 and
25.07.2022 passed by this Court in
Criminal Misc. Bail Application Nos.
26819 of 2022 and 31534 of 2022,
respectively. She has further submitted that
besides the applicant all the other accused
persons have been granted bail in the
present case.

6.The
learned
A.G.A.
has
opposed the prayer for grant of bail to the
applicant, but could not dispute the
aforesaid facts.

7.Having
considered
the
aforesaid facts and submissions and
keeping in view the fact that applicant has
been granted bail in two other cases
involving similar allegations as also the
fact that all the other co-accused have been
granted bail, whereas the applicant is
languishing in jail since 23.02.2022, I am
of the view that the applicant is entitled to
be released on bail on the ground of parity.
The
bail
application
is
accordingly
allowed.

8.Let the applicant - Rangesh
Yadav be released on bail in Case Crime
No. 0039 of 2022, under Sections 272, 273,
34, 420, 467, 468, 471 I.P.C. and Section
60-A of Excise Act, P.S. Ahraula, District
Azamgarh on his furnishing a personal
bond and two reliable sureties each of the
like amount to the satisfaction of the court
concerned subject to following conditions:-

(i) The applicant will not tamper
with the evidence during the trial.

(ii)
The
applicant
will
not
influence any witness.

(iii) The applicant will appear
before the trial court on the date fixed,
unless personal presence is exempted.

(iv) The applicant shall not
directly or indirectly make inducement,
threat or promise to any person acquainted
with the facts of the case so as to dissuade
him from disclosing such facts to the Court
to any police officer or tamper with the
evidence.

9.In case of breach of any of the
above condition, the prosecution shall be at
liberty to move an application bail before
this Court seeking cancellation of bail."

19. Considering the aforesaid facts,
this Court finds that the accused-applicant
is not entitled to be enlarged on bail. Thus,
these applications are hereby rejected at
this stage.
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(2023) 3 ILRA 580
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 28.02.2023

BEFORE

THE HON'BLE MRS. JYOTSNA SHARMA, J.

Crl. Misc. Anticipatory Bail Application (U/S 438
Cr.P.C.) No. 11542 of 2022

X Juvenile ...Applicant
Versus
State of U.P. & Anr. ...Opposite Parties

Counsel for the Applicant:
Sri Rakesh Pathak, Sri Shashank Shekhar
Tiwari

Counsel for the Opposite Parties:
G.A., Sri Prem Shankar Pandey

A. Criminal Law - Code of Criminal
Procedure,
1973-Section
438
-Indian
Penal Code, 1860-Sections 307, 504 &
506-maintainability of-application filed on