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.”

The Allahabad High Court has refused to interfere with the petition challenging the legality of the action of the Gangster Act against Umakant Yadav by order of the District Magistrate, Azamgarh.

The Division Bench of Justice Anjani Kumar Mishra and Justice Deepak Verma passed this order while hearing a Criminal Misc Writ Petition filed by Umakant Yadav.

Challenge in the writ petition is for quashing of the order dated 09.05.2022 passed by the District Magistrate, Azamgarh in Case under Section 14(1) of the U.P Gangsters and Anti Social Activities (Prevention) Act, 1986.

Against the order impugned, the petitioner has a statutory alternative remedy of filing an application under Section 15(1) of the Act for release of the property attached, the Court said.

“In case of refusal by the District Magistrate, the matter is to be referred to a Court having jurisdiction to try an offence under the Act, which shall enquire into the matter and pass appropriate orders thereafter under Section 18, an appeal lies. Thus, a complete procedure has been provided under the Act which has not been availed.

The writ petition, therefore, dismissed on the ground of availability of statutory alternative remedy which the petitioner may avail, in case, so advised”, the order reads.

The Allahabad High Court has stayed the non-bailable warrant issued against Dinesh Kumar alias Suryakant, son of former MP Umakant Yadav.

The High Court stayed the attachment proceedings issued against him by the Special Court Prayagraj, gave him time to appear in the court and file a bail application.

A Single Bench of Justice Rajiv Gupta passed this order, while hearing an application under Section 482 CrPC filed by Dinesh Kumar.

The application under Section 482 CrPC has been filed with the prayer to quash the non-bailable warrant (NBW) dated October 4, 2021 issued by Special Judge, MP/MLA Court, Allahabad in a case (State vs Dinesh and others), registered under Sections 419 and 420 IPC at Police Station Shahganj, District Jaunpur.

The Court observed that from perusal of the record, it transpires that on account of failure of the applicants to appear before the court below, a non- bailable warrant has been issued against them on October 4, 2021.

The Counsel for the applicants prayed that the interest of justice shall be served, provided some protection is granted by the Court to enable the applicants to appear before the court below and seek bail.

Considering the aforesaid facts and due to recent spike in number of cases of Covid-19, the Court provided that the applicants shall appear before the court concerned within three weeks from today and move an application for bail and the same be considered and disposed of expeditiously in accordance with law.

“For a period of three weeks from today, the execution of non-bailable warrant issued against the applicants shall remain stayed.

“In case of default, the interim protection granted by the Court shall stand automatically vacated and the court below shall be free to proceed against the applicants in accordance with law. With the aforesaid direction, this application under Section 482 CrPC is finally disposed of,” the Court ordered.