The Allahabad High Court has granted bail to Kuldeep Sharma who is accused of collecting money to form Yogi Sena in the name of Uttar Pradesh Chief Minister Yogi Adityanath.
A single-judge bench of Justice Krishan Pahal passed this order while hearing a PIL filed by Kuldeep Sharma.
The petitioner seeks bail in the case under Sections 419, 420, 467, 469 IPC and Sections 66-C IT (Amendment) Act, Police Station Hazratganj, District Lucknow, during the pendency of trial.
As per the prosecution, the petitioner is said to have formed websites www.yogisena.org and www.kuldeephindu.com in which he has shown himself to be an international Hindu leader (Yogi Sena Pramukh). For which he used to take money through public at large and has stated to have used the said amount himself.
The applicant is said to have misused the popularity of the present Chief Minister of Uttar Pradesh and fooled various persons to deposit money in the account indicated on the said websites.
The counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the case. It is further stated that the applicant had undertaken several social assignments and even organized several blood donation camps etc.
The counsel for the applicant has stated that he undertakes to not to use any website in future as they have already been closed by the investigating agency. The applicant is a law abiding citizen and there is no likelihood of him absconding. The counsel has stated that he shall not use the said account in future either.
The counsel has further stated that the applicant has no criminal history. The applicant has been languishing in jail since 20.12.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
The Additional Government Advocate opposed the bail application on the ground that the said account and the websites were being used even after the arrest of the applicant. An amount of Rs 250 is stated to have been deposited in the aforesaid account in January 2022 and the amount has been received by the applicant through the said websites during the period of three years.
The AGA further stated that mobile numbers indicated in the FIR were being used with malicious intent by the applicant although he has not disputed the fact that applicant has no criminal history and he is in jail for more than 1-1/2 years.
“Considering the overall facts and circumstances of the case, and incarceration of the applicant, I find that it is a fit case for grant of bail and keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs State of U.P and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail,” the Court observed while allowing the bail application.
The Court ordered,
Let the applicant Kuldeep Sharma @ Kuldeep Hindu, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond of Rs 1 lakh and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further, before issuing the release order, the sureties are verified.
(i)The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 CrPC, may be issued and if the applicant fails to appear before the Court on the date fixed in a such proclamation, then, the Trial Court shall initiate proceedings against him, in accordance with the law, under Section 174-A IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 CrPC. 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.
(v) The applicant shall be deposited his passport.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.