Monday, December 11, 2023

Allahabad High Court rejects bail application of former MP Umakant Yadav

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The Allahabad High Court while taking note of his long criminal antecedents of 80 cases rejected the bail application of former MP Umakant Yadav.

The bail application under Section 439 Cr.P.C. has been filed seeking bail by the accused applicant (Umakant Yadavin) in a Case under Sections 120-B, 454, 380, 447 I.P.C. and Section 3(2)(ka) of the Prevention of Damage to Public Property Act, 1984, Police Station – Phoolpur, District – Azamgarh.

The F.I.R. in question got registered on a written complaint on 04.10.2019 on the allegation that on 27.09.2019 at around 5-6 p.m. on exhortation of present accused applicant, his sons and several unknown accomplices broke open the locks of Gandhi Ashram and stole the government property and documents. The said Gandhi Ashram was constructed by funds given by the World Bank and mobilized by the Ashram itself. After looting the government property and the documents, the said Ashram was painted by the accused applicant in pink paint and the Ashram building got occupied by the accused applicant and his sons. At the time of incident, no one was present in the premises from the Ashram. On the next day, when the complainant who was In-Charge of the Gandhi Ashram came to the office and only then he could know about the incident. On the basis of the said complaint the F.I.R. in question came to be registered.

The said Gandhi Ashram had been constructed on the land bearing Nazool land and said building had been in the possession of the Gandhi Ashram since 1963 when its construction got completed. The accused applicant, his sons and other co-accused, had taken forcible possession and occupied the said property of Gandhi Ashram.

The accused applicant is another Bahubali, gangster and dreaded criminal of Eastern Uttar Pradesh which is adjacent to the State of Bihar and is known for having bahubali, mafia and gangster culture. The accused applicant is a dreaded criminal which is evident from his long, rich but inglorious criminal history of heinous offences which would include 15 murder cases under Section 302 I.P.C.

He had been convicted very recently in two cases. One case, for which he has been convicted, is an offence under Section 302 I.P.C., and the other one for which he has been convicted is an offence under Section 420 I.P.C. The accused applicant was two times Member of Parliament and one time Member of Legislative Assembly of Uttar Pradesh. The rich but inglorious criminal history of the accused applicant of heinous offences would disclose that he had accumulated wealth and properties of several hundred crore from the proceeds of crime, using his political clout, muscle power, mafia and don image. He had been acquitted in several cases of heinous offences as he would win over the witnesses or make the witnesses tired or get them eliminated, a phenomenon which was taken note of by the Supreme Court. The people could not dare to complain against him because of his close proximity to the ruling elite, power and terror and fear, which he strikes in the hearts and minds of the people of the area.

“The accused applicant had allegedly committed the first offence of murder in the year 1974 and in 48 years of his long and henious journey in world of crime, he could be convicted only in two cases recently in the year 2022. This phenomena is very perturbing and does not auger well for a democratic polity and a society which is governed by rule of law. All wings of the government i.e. executive, legislative and judiciary, must share the blame for allowing such a dreaded criminal to go scot-free in several henious offences which have been noted hereinabove. Such a criminal should not have any place in the society”, a Single Bench of Justice Dinesh Kumar Singh observed.

The Court, therefore, does not think that such a dreaded criminal should be allowed to be set free by enlarging him on bail. “Such a person is a constant threat to the civil society governed by the rule of law. He is a threat to the society and peace living and law abiding citizens.”

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