Allahabad High Court
Bal Karan @ Sadhu Yadav vs State Of U.P. on 11 April, 2022
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15010 of 2022 Applicant :- Bal Karan @ Sadhu Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Amarjeet Yadav Counsel for Opposite Party :- G.A. Hon'ble Ajay Bhanot,J.
By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No.0170 of 2021 at Police Station Jiyanpur District Azamgarh under Sections 419, 420, 467, 468, 471 IPC. The applicant is in jail since 23.09.2021.
The bail application of the applicant was rejected by learned Sessions Judge, Azamgarh on 16.03.2022.
ShriAmarjeet Yadav, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant did not initiate the correspondence nor was he involved in the process of grant of recognition to the college. The manager of the institution is the competent authority as per byelaws who was responsible for the same. Explaining the criminal history of the applicant learned counsel for the applicant contends that applicant has become an easy scapegoat for the police authorities who have falsely implicated the applicant in a number cases to burnish their credentials. The applicant has never misused the liberty of bail granted to him in the said cases. The said cases do not related to heinous crimes and have no bearing on this bail application. The applicant has been acquitted in large number of cases. The applicant is not a flight risk. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to other co-accused namely Manoj Singh, Ram Karan Yadav, Shiv Prakash Yadav who have been enlarged on bail by this Court by orders dated 07.02.2022, 24.02.2022 and 23.03.2022 in Criminal Misc. Bail Application Nos. 51242 of 2021, 51098 of 2021 and 4907 of 2022 respectively.
Shri Paritosh Kumar Malviya, learned A.G.A for the State could not satisfactorily dispute the aforesaid submissions from the record. Learned AGA does not contest the criminal history of the applicant as disclosed in the bail application.
I see merit in the submissions of learned counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Bal Karan @ Sadhu Yadav be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below. The following conditions be imposed in the interest of justice:-
(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.
In case of breach of any of the above condition, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 11.4.2022 Nadeem