The Allahabad High Court has allowed the bail application of former MP Umakant Yadav under the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986.
A single-judge bench of Justice Ajay Bhanot passed this order while hearing a Criminal Misc Bail Application filed by Umakant Yadav.
The applicant had prayed to be enlarged on bail in case at Police Station Didarganj, District Azamgarh under Section 3(1) of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986. The applicant has been in jail since 12.02.2021.
The bail application had been rejected by the Additional District & Sessions Judge (POCSO Act/Gangsters Act), Azamgarh, on 15.06.2021.
For the applicant, Ram Pratap Yadav, counsel assisted by Devbratt Yadav, contended that the applicant has been falsely implicated in the case. The applicant has been enlarged on bail in the solitary criminal case depicted in the gang chart. He is not a member of any criminal gang.
Explaining the criminal history of the applicant, the counsel contended that all criminal cases against the applicant were prior to 2009. The applicant has since been a law abiding citizen. The applicant is 68 years old and is suffering from various age-related ailments.
The brief holder does not contest the criminal history of the applicant as disclosed in the bail application.
“I see merit in the submissions of the counsel for the applicant and accordingly hold that the applicant is entitled to be enlarged on bail,” the Court observed while allowing the bail application.
The Court ordered,
“Let the applicant Umakant 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 conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.”