Neutral Citation No.
- 2025:AHC-LKO:22492
Court No. - 13
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2886
of 2025
Applicant :- Virendra Yadav @ Bachha Yadav
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of
Home Lko.
Counsel for Applicant :- Ashok Kumar Srivastava,Avinash
Srivastava
Counsel for Opposite Party :- G.A.
Hon'ble Manish Mathur,J.
1. Supplementary affidavit filed today on behalf of the applicant
is taken on record.
2. Heard Ms. Pragya Bhushan holding brief for Shri Ashok
Kumar Srivasvastav, learned counsel for applicant and learned
AGA appearing on behalf of State and perused on record.
3. This first bail application has been filed with regard to Case
Crime No.0180 of 2024 under Section 2/3 Gangsters and Anti-
Social Activities (Prevention) Act, P.S. Mandhata, District
Pratapgarh.
4. It is submitted that as per gang chart, the applicant has been
shown involved in two cases bearing Case Crime No. 103 of
2024 under Sections 147, 148, 149, 323, 307, 504, 506, 427 and
120B IPC and case Crime No. 104 of 2024, under Section 307
IPC & 3/25 Arms Act and in both the cases the applicant has
been enlarged on bail by the District and Sessions Court, vide
order dated 11.12.2024 passed in Bail Application No. 3585 of
2024 and order dated 13.11.2024 passed in Bail Application No.
2321 of 2024, respectively.
5. It is submitted that the applicant is shown involved in 16
other cases bearing Case Crime No. 49 of 2016, under Sections
41, 411, 413, 414, 420 IPC and 25 Arms Act, Case Crime No.
98 of 2016 under Sections 379, 411 IPC, Case Crime No. 296
of 2016, under Sections 41, 411, 413, 419, 420, 467, 468, 471
IPC, Case Crime No. 108 of 2018, under Sections 3/25 Arms
Act, Case Crime No. 1130 of 2020, under Sections 379, 411
IPC, Case Crime No. 1272 of 2020, under Sections 411, 419,
420 IPC, Case Crime No. 10 of 2021, under Sections 379, 411
IPC, Case Crime No. 12 of 2021, under Sections 379, 411 IPC,
Case Crime No. 15 of 2021, under Sections 379, 411 IPC, Case
Crime No. 18 of 2021, under Sections 411, 413, 419, 420 IPC,
Case Crime No. 67 of 2021, under Sections 411, 413, 414, 419,
420, 467, 468, 471 IPC, Case Crime No. 401 of 2021, under
Sections 452, 394, 397, 34 IPC and 3/25 Arms Act, Case Crime
No. 109 of 2023, under Sections 110G, Case Crime No. 271 of
2020, under Sections 147, 148, 149, 504, 506, 307 IPC, Case
Crime No. 152 of 2021, under Sections 395, 412 IPC and Case
Crime No. 204 of 2021, under Sections 394, 342, 411 IPC. Out
of 16 cases in 15 cases the applicant has been released on bail
by the competent criminal courts and one Case Crime No. 109
of 2023 has been ended. It is further submitted that there is no
possibility of the applicant of fleeing away from the judicial
process or tampering with the witnesses. In case the applicant is
enlarged on bail, he shall not misuse the liberty of bail. The
applicant is in jail since 01.12.2024.
6. Learned A.G.A. appearing on behalf of the State opposed the
prayer for bail application but does not dispute the aforesaid
facts that applicant has already been enlarged on bail in all the
said cases.
7. Hon'ble the Supreme Court in Sanjay Chandra v. Central
Bureau of Investigation, reported in (2012) 1 SCC 40 has
specifically held that bail is to be a norm and an under-trial is
not required to be in jail for ever pending trial. Relevant
paragraphs of the judgment are as under :-
"21. In bail applications, generally, it has been laid down from the earliest
times that the object of bail is to secure the appearance of the accused
person at his trial by reasonable amount of bail. The object of bail is
neither punitive nor preventative. Deprivation of liberty must be
considered a punishment, unless it is required to ensure that an accused
person will stand his trial when called upon. The courts owe more than
verbal respect to the principle that punishment begins after conviction,
and that every man is deemed to be innocent until duly tried and duly
found guilty."
"27. This Court, time and again, has stated that bail is the rule and
committal to jail an exception. It has also observed that refusal of bail is a
restriction on the personal liberty of the individual guaranteed under
Article 21 of the Constitution."
8. Upon consideration of submissions advanced by learned
counsel for the parties and perusal of material on record, prima
facie, and subject to further evidence being led in trial, it
appears that applicant has already been enlarged on bail in all
the cases filed against him as averred in the affidavit filed in
support of application and therefore conditions indicated in
Section 19(4) U.P. Gangsters and Anti-Social Activities
(Prevention) Act, 1986 stand complied with at this stage,
therefore the applicant is entitled to be released on bail in this
case.
9. Accordingly bail application is allowed.
10. Let applicant- Virendra Yadav @ Bachha Yadav involved
in the aforesaid case crime be released on bail on his furnishing
a personal bond and two sureties each in the like amount to the
satisfaction of the court concerned with the following
conditions which are being imposed in the interest of justice:-
(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.
Order Date :- 21.4.2025
Muk
Digitally signed by :-
MOHD UMAR KHAN
High Court of Judicature at Allahabad,
Lucknow Bench
