# Umakant Yadav v. State of U.P - **Citation:** (2023) 3 ILRA 599 - **Court:** High Court of Judicature at Allahabad - **Decided:** 2023-02-21 - **Case number:** Crl. Misc. Bail Application No. 22865 of 2020 - **Bench:** Dinesh Kumar Singh - **Source:** https://unisonlegal.in/judgment/allahabad-high-court/umakant-yadav-v-state-of-u-p-49888 - **Pages:** 8 ## Headnote A. Criminal Law - Code of Criminal Procedure, 1973-Section 439 - Indian Penal Code, 1860-Sections 120-B, 454, 380 & 447 - Prevention of Damage to Public Property Act, 1984-Sections 3(2)(ka)-accused-applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram-accused-applicant was two times MP and one time MLA of Uttar Pradesh-The people could not dare to complain against him because of his close proximity to the ruling elite, power , terror and fear-The rich but inglorious criminal history of the applicant of 80 cases shows his long and heinous journey in world of crime-Such a person is a constant threat to the civil society governed by the rule of law.(Para 1 to 12) The bail application is rejected. (E-6) List of Cases cited: Public Interest Foundation & ors.. Vs U.O.I. & anr. (2019) 3 SCC 224 ## Text 3 All. Umakant Yadav Vs. State of U.P. 599 (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 the country without prior permission of the Court and shall surrender his passport to the court concerned. ---------- (2023) 3 ILRA 599 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 21.02.2023 BEFORE THE HON'BLE DINESH KUMAR SINGH, J. Crl. Misc. Bail Application No. 22865 of 2020 Umakant Yadav ...Applicant Versus State of U.P. ...Opposite Party Counsel for the Applicant: Sri Ram Pratap Yadav, Sri Devbratt Yadav, Sri Amrendra Nath Singh (Senior Adv.) Counsel for the Opposite Party: G.A., Sri Hanuman Deen Verma A. Criminal Law - Code of Criminal Procedure, 1973-Section 439 - Indian Penal Code, 1860-Sections 120-B, 454, 380 & 447 - Prevention of Damage to Public Property Act, 1984-Sections 3(2)(ka)-accused-applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram-accused-applicant was two times MP and one time MLA of Uttar Pradesh-The people could not dare to complain against him because of his close proximity to the ruling elite, power , terror and fear-The rich but inglorious criminal history of the applicant of 80 cases shows his long and heinous journey in world of crime-Such a person is a constant threat to the civil society governed by the rule of law.(Para 1 to 12) The bail application is rejected. (E-6) List of Cases cited: Public Interest Foundation & ors.. Vs U.O.I. & anr. (2019) 3 SCC 224 (Delivered by Hon'ble Dinesh Kumar Singh, J.) 1. Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Ram Pratap Yadav, learned counsel for the applicant as well as Sri Hanuman Deen Verma, learned counsel for the complainant and Sri J.P.S. Chauhan, learned Additional Government Advocate for the State. 2. The present bail application under Section 439 Cr.P.C. has been filed seeking bail by the accused applicant in Case Crime No. 260 of 2019, under Sections 120-B, 454, 380, 447 I.P.C. and Section 3(2)(ka) of the Prevention of Damage to Public Property Act, 1984, Police Station - Phoolpur, District - Azamgarh. 3. The F.I.R. in question got registered on a written complaint of Lal Chand Yadav S/o Ram Bujharat on 04.10.2019 on the allegation that on 27.09.2019 at around 5-6 p.m. on exhortation of present accused applicant, his sons, namely, Ravikant Yadav and Dineshkant Yadav and several unknown accomplices broke open the locks of Gandhi Ashram and stolen the government property and documents. The said Gandhi 600 INDIAN LAW REPORTS ALLAHABAD SERIES Ashram was constructed by funds given by the World Bank and mobilized by the Ashram itself. After looting the government property and the documents, the said Ashram was painted by the accused applicant in pink paint and the Ashram building got occupied by the accused applicant and his sons. At the time of incident, no one was present in the premises from the Ashram. 4. On the next day, when the complainant who was In-Charge of the Gandhi Ashram came to the office and only then he could know about the incident. On the basis of the said complaint the F.I.R. in question came to be registered. 5. The said Gandhi Ashram had been constructed on the land bearing Gata No. 113 which is a nazool land and said building had been in the possession of the Gandhi Ashram since 1963 when its construction got completed. The accused applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram. 6. The accused applicant is another Bahubali, gangster and dreaded criminal of Eastern Uttar Pradesh which is adjacent to State of Bihar and is known for having bahubali, mafia and gangster culture. The accused applicant is a dreaded criminal which is evident from his long, rich but inglorious criminal history of henious offences which would include 15 murder cases under Section 302 I.P.C. He had been convicted very recently in two cases. One case, for which he has been conviced, is an offence under Section 302 I.P.C., and the other one for which he has been convicted is an offence under Section 420 I.P.C. 7. The accused applicant was two times Member of Parliament and one time Member of Lagislative Assembly of Uttar Pradesh. The rich but inglorious criminal history of the accused applicant of henious offences would disclose that he had accumulated wealth and properties of several hundred crore from the proceeds of crime, using his political clout, muscle power, mafia and don image. He had been acquitted in several cases of henious offences as he would winover the witnesses or making the witnesses tired or got them eliminated, a phenomenon which was taken note of by the Supreme Court. The people could not dare to complain against him because of his close proximity to the ruling elite, power and terror and fear, which he strikes in the hearts and mind of the people of the area. The rich but inglorious criminal history of the accused applicant of 80 cases is extracted hereunder: "1. उमाकान्त यादव पुत्र श्रीपतत यादव सा० चकगंज अलीशाह (सरावााँ), थाना-दीदारगंज, आजमगढ क्र ० सं मु० अ० सं धारा थाना जनप द 1 29/2 1 3(1) उ० प्र० गैंगस्टर एक्ट दीदा रगंज आज मगढ़ 2 260/ 19 120बी, 454,38,447 भादवव व 3(2) क सावव० सम्पवि क्षतत तन० अधध० फूल पुर आज मगढ़ 3 546/ 07 3 / 4 गुण्डा एक्ट दीदा आज 3 All. Umakant Yadav Vs. State of U.P. 601 रगंज मगढ़ 4 56/9 8 147,323,504,506,4 27 भादवव व 3(1)10 एससी/एसटी एक्ट दीदा रगंज आज मगढ़ 5 127/ 97 3 / 4 गुण्डा एक्ट दीदा रगंज आज मगढ़ 6 06/9 3 302भादवव दीदा रगंज आज मगढ़ 7 194/ 92 364,506 भादवव दीदा रगंज आज मगढ़ 8 108/ 91 147,148,149,364,3 02,201,452 भादवव दीदा रगंज आज मगढ़ 9 16/8 8 147,148,149,323,3 24 भादवव दीदा रगंज आज मगढ़ 10 24/8 4 147,148,353,307 भादवव दीदा रगंज आज मगढ़ 11 94ए /83 302भादवव दीदा रगंज आज मगढ़ 12 43/7 7 323, 325भादवव दीदा रगंज आज मगढ़ 13 298/ 07 147,148,149,307,4 40,427,504,506, भादवव फूल पुर आज मगढ़ 14 36/9 8 147,336,307,427 भादवव फूल पुर आज मगढ़ 15 94/8 6 147,148,149,302 भादवव फूल पुर आज मगढ़ 16 47ए /84 147,148,149,307 भादवव फूल पुर आज मगढ़ 17 200/ 83 147,148,149,302,3 07 भादवव फूल पुर आज मगढ़ 18 83/8 7 364 भादवव अह रौला आज मगढ़ 19 87/8 3(1) उ०प्र० गैंगेस्टर अह आज 7 एक्ट रौला मगढ़ 20 49/8 3 325,323,332,504 भादवव दीदा रगंज आज मगढ़ 21 111/ 83 307 भादवव फूल पुर आज मगढ़ 22 200/ 83 147,148,149,307,3 02 भादवव फूल पुर आज मगढ़ 23 86/9 4 147,148,149,302 भादवव फूल पुर आज मगढ़ 24 62/8 6 364 भादवव दीदा रगंज आज मगढ़ 25 141/ 90 147,148,323,504,5 06 भादवव दीदा रगंज आज मगढ़ 26 62/9 5 3(1) उ०प्र० गैंगस्टर एक्ट फूल पुर आज मगढ़ 27 135/ 94 420,467,468,471 भादवव दीदा रगंज आज मगढ़ 28 137/ 94 25 आम्सव एक्ट दीदा रगंज आज मगढ़ 29 104/ 85 504,506 भादवव दीदा रगंज आज मगढ़ 30 105/ 85 504,506 भादवव दीदा रगंज आज मगढ़ 31 93/1 4 147,148,149,302,3 64,201 भादवव दीदा रगंज आज मगढ़ 32 407/ 04 110 सीआरपीसी दीदा रगंज आज मगढ़ 33 241/ 09 110 सीआरपीसी दीदा रगंज आज मगढ़ 34 622/ 09 307,302 भादवव फूल पुर आज मगढ़ 35 156/ 06 142,143,186,353,3 41 भादवव दीदा रगंज आज मगढ़ 602 INDIAN LAW REPORTS ALLAHABAD SERIES 36 28/8 7 379 भादवव दीदा रगंज आज मगढ़ 37 132/ 15 147,148,323,352,5 06 भादवव दीदा रगंज आज मगढ़ 38 NC R75/8 3 504,506 भादवव दीदा रगंज आज मगढ़ 39 NC R118/ 84 323,504,506 भादवव दीदा रगंज आज मगढ़ 40 NC R123/ 84 504,506 भादवव दीदा रगंज आज मगढ़ 41 NC R168/ 86 323,504,506 भादवव दीदा रगंज आज मगढ़ 42 171/ 91 147,143,194,307 भादवव फूल पुर आज मगढ़ 43 307/ 07 147,148,353,506 भादवव व 7 सीएलए एक्ट फूल पुर आज मगढ़ 44 22/8 8 171,504,506 भादवव दीदा रगंज आज मगढ़ 45 10/9 2 382,506 भादवव दीदा रगंज आज मगढ़ 46 86/9 3 3(1) उ०प्र० गैंगेस्टर एक्ट दीदा रगंज आज मगढ़ 47 09/9 2 41,411 भादवव दीदा रगंज आज मगढ़ 48 121/ 97 3 /4 उ०प्र० गुण्डा एक्ट दीदा रगंज आज मगढ़ 49 NC R57/8 6 323,504,506 भादवव दीदा रगंज आज मगढ़ 50 57/8 4 147,149,353,307 सरा आज भादवव यमी र मगढ़ 51 85/8 9 420,467,471 भादवव सरा यमी र आज मगढ़ 52 86/8 9 3/25/27 आम्सव एक्ट सरा यमी र आज मगढ़ 53 NC R54/8 9 323,504,506 भादवव सरा यमी र आज मगढ़ प्रभारी डीसीआरबी आजमगढ़ प्रभारी डी०सी०आर०बी० आजमगढ़। उक्त संबंध में जनपद के समस्त थानों से जररये आर० टी० सेट जानकारी की गयी तो उपरोक्त अभभयुक्त के ववरूद्ध जनपद जौनपुर में तनम्न अभभयोग पंजीकृत होना पाया गया। क्र ० सं मु० अ० सं धारा थाना ज नप द 1 85/7 4 364,302,201 भादवव शाहगं ज जौ नपु र 2 87/9 2 27/25 ए एक्ट शाहगं ज जौ नपु र 3 36/9 0 302,120बी भादवव शाहगं ज जौ नपु र 3 All. Umakant Yadav Vs. State of U.P. 603 4 71/1 985 364/302 भादवव शाहगं ज जौ नपु र 5 469/ 199 0 396/302 भादवव शाहगं ज जौ नपु र 6 96/1 990 3/25ए एक्ट शाहगं ज जौ नपु र 7 NC RNO 136/ 91 323/504/506 भादवव शाहगं ज जौ नपु र 8 109/ 199 4 147/148/149/323/50 4/506/427/307 भसग रामऊ जौ नपु र 9 497/ 199 7 504/506 भादवव शाहगं ज जौ नपु र 10 25/1 998 504/506 भादवव शाहगं ज जौ नपु र 11 179/ 199 5 3(1) उ०प्र० धगरोहबंद अधध० शाहगं ज जौ नपु र 12 82/1 995 147/148/149/307/30 2/224/332/333/427 भादवव 7 CLA ACT G.R. P. शाहगं ज जौ नपु र 13 03/2 000 419/420 भादवव शाहगं ज जौ नपु र 14 501/ 200 2 3(1) उ०प्र० गुण्डा अधध० शाहगं ज जौ नपु र 15 648/ 200 3 147/148/149/504/30 2 भादवव 7 CLA शाहगं ज जौ नपु र 16 652/ 200 3 3(1) उ०प्र० धगरोहबंद अधध० शाहगं ज जौ नपु र 17 461/ 201 4 420/467/468/471 भादवव लाईन बाजार जौ नपु र 18 654/ 201 5 147/148/323/506/36 3/307 भादवव 3(2)5 एससी०/एस०टी० एक्ट शाहगं ज जौ नपु र 19 355/ 201 9 504/506/427 भादवव शाहगं ज जौ नपु र 20 74/8 5 364/302/201 भादवव शाहगं ज जौ नपु र 21 650/ 07 147/148/149/302/30 7/120बी भादवव सराय ख्वा जा जौ नपु र 22 968/ 14 174ए भादवव लाईन बाजार जौ नपु र 23 207 9/17 419/420/467/468 भादवव लाईन बाजार जौ नपु र 24 158/ 06 347/323/506/147 भादवव खुटह न जौ नपु र 25 NC R NO. 99/2 323,504 भादवव खुटह न जौ नपु र 604 INDIAN LAW REPORTS ALLAHABAD SERIES 000 26 21/1 4 506 भादवव खुटह न जौ नपु र 27 97/9 1 147,323,188 भादवव खुटह न जौ नपु र ररपोटव सेवा में प्रेवित है। प्रभारी डीसीआरबी, जौनपुर।" 8. The trial court has taken note of the long criminal antecedents of the accused applicant while rejecting the application for bail vide order dated 11.06.2020 passed in Bail Application No. 935 of 2020. The accused applicant is a land mafia besides a don, gangster and dreaded criminal. This Court while rejecting the bail application of another Bahubali and sitting Member of Parliament, namely, Atul Kumar Singh Alias Atul Rai S/o Shri Bharat Singh, vide order dated 07.06.2022 passed in Criminal Misc. Bail Application No. 5473 of 2022, had noted the greatest irony of the largest democracy of the world and said that 43% of the Members of Lok Sabha who got elected in 2019 General Elections, are having criminal cases including cases related to henious offences. The relevant paragraphs of the said judgment dated 07.06.2022 passed in Criminal Misc. Bail Application No. 5473 of 2022, are quoted hereinbelow: "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 3 All. Umakant Yadav Vs. State of U.P. 605 (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 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 606 INDIAN LAW REPORTS ALLAHABAD SERIES influencing/ winning over the witnesses by using his muscle and money power......." 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. 10. This Court, therefore, does not think that such a dreaded criminal should be allowed to be set free by enlarging him on bail. Such a person is a constant threat to the civil society governed by the rule of law. He is a threat to the society and peace living and law abiding citizens. 11. On an overall conspectus of the aforesaid facts, this Court does not find any ground to enlarge the accused applicant on bail. 12. Consequently, the bail application is hereby rejected. ---------- (2023) 3 ILRA 606 APPELLATE JURISDICTION CRIMINAL SIDE DATED: ALLAHABAD 27.02.2023 BEFORE THE HON'BLE MAYANK KUMAR JAIN, J. Crl. Misc. Bail Application No. 46008 of 2022 Shashidhar Gaurav Mishra @ Shashidhar Mishra ...Applicant (In Jail) Versus State of U.P. ...Opposite Party Counsel for the Applicant: Sri Shailendra Singh, Ms. Kumudini Shukla Counsel for the Opposite Party: G.A., Arvind Kumar Mishra, Sri Arun Kumar Mishra, Sri R.K. Ojha (Senior Adv.) A. Criminal Law - Code of Criminal Procedure, 1973-Section 439 - Indian Penal Code, 1860-Section 306-deceased committed suicide in his matrimonial home after 10 years of her marriage due to unwanted circumstances created by inlaws-false application was given to SSP and Magistrate against the deceased and divorce was also filed by the husband stating that the wife/deceased is a mental patient while she was qualified M.A. and was teaching for last ten years-applicant made false allegations against his wife publicly on facebook too, she was deeply hurt with the false allegations undermining her dignity, eventually the circumstances compelled her to commit suicide-More so, a false prescription of the Varanasi Mental Hospital is presented by the applicant while the deceased was never admitted in such hospital-When she was beaten she informed the police with a digital complaint and the contents of complaint itself shows the sound mental status of deceased.(Para 1 to 19) B. If the accused by his acts and by his continuous course of conduct creates a situation which leads the deceased perceiving no other option except to commit suicide, the case may fall within the four-corners of Section 306 IPC. If the accused plays an active role in tarnishing the self-esteem and selfrespect of the victim, which eventually draws the victim to commit suicide, the accused may be held guilty of abetment of suicide.(Para 18)