Allahabad High Court
Ram Gopal Yadav vs State Of U.P. on 20 February, 2024
Author: Piyush Agrawal
Bench: Piyush Agrawal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:28759 Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37771 of 2023 Applicant :- Ram Gopal Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Dhirendra Pratap Singh,Pradeep Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 274/2023 under Sections 420/406/147/323/504/506/120-B IPC, Police Station- Chauri Chaura, District - Gorakhpur.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present crime. He further submits that the offences are civil in nature and can be decided before the Civil Court; the FIR has been lodged belatedly without there being any plausible explanation for the same; the allegation for taking money was against the co-accused Bindu Devi; the applicant is neither a beneficiary nor any amount has been taken by him; there is no allegation against the applicant, except that the applicant introduce the informant to Bindu Devi. It is also submitted that there is no apprehension that after being released on bail, the applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 06.07.2023 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has opposed the prayer for grant of bail. He submits that the applicant, in connivance with the co-accused, cheated the informant to the tune of Rs. 15 lacs with an intention of fraud, ill-intention, etc. He further submits that as per the FIR, the applicant is named accused and on a perusal of the entire case-dairy, it is evident that the applicant was involved in the crime. In addition, the applicant has long criminal history of seven cases, including the present one, which the section 420 IPC is common in all the cases and it appears, that the applicant, after release on bail, has misuse the liberty granted by the Courts. In case of release, there is every likelihood that the applicant will misuse the bail. He further submits that the applicant is a habitual offender and does not deserve bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, no case for bail is made out. Therefore, the prayer for bail is declined.
The present bail application is, accordingly, rejected.
Order Date :- 20.02.2024 Amit Mishra (Piyush Agrawal,J.)