Sunday, January 29, 2023

Allahabad High Court grants conditional bail to village head accused in misappropriation of school building fund

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The Allahabad High Court has granted conditional bail to the elderly village head Baij Nath Yadav, an accused in the fraud case registered at the Sarai Lakhansi police station in Mau regarding irregularities in the MLA fund received for the extension of the school building.

A Single Bench of Justice Vivek Varma passed this order while hearing a Criminal Misc Bail Application filed by Baij Nath Yadav.

It is submitted that the applicant remained as Village Pradhan for three terms. He established three schools on his land and the name of the schools were recorded in the revenue entries.

At the relevant point of time extension/expansion of the school building was required, therefore the request was made to the then local MLA for sanction of certain amounts for raising construction/expansion of school buildings. The amount was disbursed in three installments from the local MLA fund in the year 2013-15.

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The applicant has no relation with the co-accused Sanjay Sagar and the then MLA. The applicant is more than 76 years old and has been falsely implicated in the instant case.

It is contended that the applicant along with another co-accused Anand Yadav was enlarged on anticipatory bail in Criminal Misc Anticipatory Bail Application order 23.6.2021. The applicant extended full support to the investigating officer during the course of investigation.

It is further submitted that the co-accused Anand Yadav has been granted bail in Criminal Misc Bail Application order dated 13.1.2022. The applicant claims parity. The applicant has never misused the liberty of bail granted to him. The applicant has been in jail since 11.2.2022. In case he is enlarged on bail, he will not misuse the said liberty.

“Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail”

-the Court observed.

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The Court ordered that,

Let the applicant Baij Nath Yadav, involved in Case under Sections 419, 420, 467, 468, 471, 120-B I.P.C, Police Station Sarai Lakhansi, District Mau be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence;

(iii) shall not pressurize the prosecution witnesses.

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In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before the Court.

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