Allahabad High Court
Tarbabu Yadav @ Dayaram Yadav vs State Of U.P. on 22 July, 2019
Author: Krishna Pratap Singh
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12143 of 2019 Applicant :- Tarbabu Yadav @ Dayaram Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Riyajuddin Ansari,Rahul Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishna Pratap Singh,J.
Heard Sri Rahul Mishra, learned counsel for the applicant, Sri Gyan Narayan, learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of accused-applicant Tarbabu Yadav @ Dayaram Yadav in Case Crime No.07 of 2019 under Section 3 (1) of U.P. Gangsters & Anti Social Activities (Prevention) Act, 1986, Police Station-Bankata, District-Deoria.
Learned counsel appearing for the accused-applicant has argued that the applicant is innocent and has been falsely implicated in this case. It has further submitted that four cases have been shown in the gang chart in which applicant is on bail and except these 30 cases are also against the applicant, out of which in some cases, applicant has been acquitted, in some cases, he was not wanted and in rest cases, he is on bail. It is next submitted that he has falsely been implicated in the present case due to police rivalry. He is not a member of any gang. The applicant is languishing in jail since 29.11.2018. In case he is enlarged on bail he will not misuse the liberty of bail Learned A.G.A. has opposed the prayer for bail and has drawn the attention of the court that the applicant is having a long criminal history of 30 criminal cases which have already been registered against the applicant in which some cases are related to under section 302 IPC and some cases are related to under section 307 IPC. The details of the criminal history was also taken into account by the court below which reads as thus:-
(i) case crime no.704 of 2007, under Sections 302, 201 IPC Police Station Bankata, District Deoria, in which applicant has been acquitted.
(ii) case crime no.163 of 2001 under Sections 147, 323, 504, 506 and 352 IPC, Police Station Bankata, Deoria in which applicant has been granted bail.
(iii) case crime No.187 of 2008 under section 3/4 Gunda Act, Police Station-Bankata, District Deoria in which applicant has been abated in this case.
(iv) case crime No.185 of 2008, under Section 110 G Cr.p.C. Police Station Bankata, District Deoria, this case has been finalized by the SDM Court in favour of the applicant.
(v) NCR No.28 of 2011 under Sections 323, 504, 506 IPC, Police Station Bankata, Deroia, in this case nothing has been done by the Police in this case.
(vi) Case Crime No.222 of 2011 under Sections 147, 148, 323, 325, 504, 506, 307 IPC and 7 Cr.L.A. Act, Police Station Bhatpar Rani Deoria, in which applicant has been granted bail.
(vii) case crime No.371 of 2011, under Section 3 (1) Gangster Act Police Station Bhatpar Rani, Deoria, in which applicant is on bail.
(viii) case crime No. 504 of 2013 under Sections 147, 148, 149, 452, 323, 504, 506, 308 IPC Police Station Bankata, Deoria.
(ix) NCR No.76 of 2011 under Sections 323, 504, 506 IPC, Police Station Bankata, District Deoria in this case nothing has been done.
(x) case crime no.337 of 2014 under Sections 147, 148, 323, 504 IPC Police Station Bankata Deoria in which applicant is on bail.
(xi) cae crime no. 558 of 2014 under Sections 147, 148, 323, 504, 506, 386 IPC, Police Station Bankata, Deoria. in which applicant is on bail.
(xii) case crime No.1218 of 2014 under sections 307, 504, 393 IPC Police Station Salempur, Deorial in which applicant is on bail.
(xiii)case crime no.1219 of 2014 under Section 3/25 Arms Act, Police Station Salempur Deoria ion which applicant is on bail
(xiv)case crime no.618 of 2014 under section 3(1) U.P. Gangster Act, Police Station Bankata, Deoria. in which applicant is on bail.
(xv) case crime no.571 of 2013 under section 3/4 Gunda Act, Police Station Bankata Deoria this case is pending for final hearing.
(xvi)case crime no.372 of 2014 under sections 147, 148, 307, 323 IPC Police Station Bhatpar Rani, Deoria in this case applicant is on bail.
(xvii)case crime No.215 of 2015 under section 302 IPC Police Station Bhatpar Rani in which applicant is on bail.
(xviiii) case crime no.594 of 2015 under section 3(1) Gangster Act, Police Station Bhatpar Rani Deoria, in which applicant is on bail.
(xix) case crime no.175 of f2016 under sections 147, 148, 352, 353, 336, 504, 506, 307IPC & under Section 7 Crl. Law Amendment Act & Section 3/5A/8 Cow Slaughter Act, Police Station Bhatpar Rani, District-Deoria in applicant is on bail.
(xx) case crime no. 103 of 2017 under sections 272, 273, 419, 420, 467, 468 IPC and 60 Excise Act, Police Station Salempur Deoria. in which applicant is on bail.
(xxi)case crime no.143 of 2017, under Section 41, 411, 413, 419, 420 IPC Police Station-Bankata, Deoria in which applicant is on bail.
(xxii) case crime no.163 of 2017 under Section 307 IPC and Section 7 CLA Act, Police Station Bankata, District Deoria, in which applicant is on bail.
(xxiii) case crime no.163 of 2018 under Sections 147, 352, 323, 504, 506, 427 IPC Police Station Bankata, District Deoria, applicant is on bail.
(xxiv) case crime no.181 of 2018, under sections 147, 14 8, 149, 352, 323, 504, 506, 307 IPC Police Station-Bankata, District Deoria.
(xxv)case crime no.45 of 2015, under Section 302 IPC Police Station Bhatpar Rani, Deoria, in which applicant is not wanted.
(xxvi) case crime no.9 of 2016 under Section 3/4 Gunda Act, Police Station Bankata, District Deoria in which case is pending.
(xxvii)case crime no.23 of 2016 under Sections 147, 148, 149, 307, 323, 504 and 506 IPC, Police Station Bhatpar Rani, District Deoria in which applicant is on bail.
(xxviii) case crime no.117 of 2017 under sections 279, 338, 337, 304 A IPC, Police Station Salempur, District Deoria in which applicant is not wanted in this case.
(xxix) case crime no.130 of 2017, under section 279, 338, 337 IPC Police Station Salempur, District Deoria, in which applicant is not wanted.
(xxx)case crime no.282 of 2017, under section 3 (1) Gangster Act, Police Station Salempur, District-Deoria, in which applicant is on bail.
Further submission of learned AGA is that the chequered history or the criminal antecedents are sufficient to indicate that the applicant is a habitual offender and in case he is released on bail, under the coercive influence of his criminality it will be difficult for the witnesses to depose independently without fear. It is further submitted that in all likelihood the release of the accused shall impair the prospects of a fair trial. It is next submitted that it is also very obvious that the person of this criminal background will also indulge himself in the activities which shall be detrimental to the society at large. Further submission is that the delinquents of such nature wield enormous criminal clout which in consequence very obviously affects a free trial. Therefore, in the facts and circumstances of the case, the accused should not be released on bail. Learned AGA also relied upon the Apex Court decision Neeru Yadav Vs. State of U.P. In Criminal Appeal No. 1272 of 2015 decided on 29.9.2015 to emphasize upon the relevance of criminal history in matters of bail.
Submission of the A.G.A. is that the perusal of aforesaid case law reveals that a very strict view against the accused on the point of bail has been adopted by the Hon'ble Supreme Court for the reason of his having a shady past which was blemished with criminal antecedents.
Looking to the nature of offence, its gravity and the evidence in support of it and the overall circumstances of this case and specially keeping in view the long criminal history of the applicant, this Court is of the view that the applicant has not made out a case for bail. Therefore, the prayer for bail of the applicant is rejected.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.
Order Date :- 22.7.2019 Pr/-