Akhilesh Yadav vs State Of U.P.
2021 Latest Caselaw 6452 ALL

Citation : 2021 Latest Caselaw 6452 ALL
Judgement Date : 18 June, 2021

Allahabad High Court

Akhilesh Yadav vs State Of U.P. on 18 June, 2021

Bench: Yashwant Varma




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11651 of 2021
 

 
Applicant :- Akhilesh Yadav
 
Opposite Party :- State of U.P.
 
Counsel for Applicant :- Swapnil Kumar,Sudhanshu Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Yashwant Varma,J.

Heard learned counsel for the applicant, Sri Vikas Sahai, the learned A.G.A. for the State and perused the record.

The instant application has been moved seeking anticipatory bail in light of the apprehension of the arrest of the applicant in Case Crime No. 40 of 2021, under Sections 60 and 63 U.P. Excise Act 1910 and Sections 419, 420, 467, 468, 471 IPC, Police Station Maniar, District Ballia.

The Court finds no ground to accord the facility of anticipatory bail to the applicant bearing in mind his criminal history which stands setforth in paragraph-15 of the application. The criminal history as disclosed reflects the implication of the applicant in previous cases alleging offences committed under the Excise Act right from 2016, 2017 and 2019. The disclosures further bear out that similar offenses are being repeatedly committed by the applicant after being granted bail in earlier matters.

It becomes relevant to note that the applicant here also shares a criminal history with one co-accused Sangam Yadav who was apprehended at the godown where the liquor in question was found stored. Although learned counsel places reliance upon a judgment of acquittal rendered in his favour alongwith Sangam Yadav again in respect of a case relating to the Excise Act, it becomes relevant to note that the said decision was not rendered on merits but the acquittal came about on account of the prosecution failing to establish the charge beyond reasonable doubt. The judgment of acquittal came to be entered consequent to a failure on the part of the prosecution to produce the seized illicit liquor or the report of the FSL.

In view of the criminal antecedents of the applicant coupled with his acts which evidence abuse of the liberty accorded by the courts on different occasions, the prayer for anticipatory bail is refused.

The application is rejected.

Order Date :- 18.6.2021

faraz