Court No. - 87

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52529

of 2022

Applicant :- Ramakant Yadav

Opposite Party :- State of U.P.

Counsel for Applicant :- Somya Chaturvedi,Sr. Advocate

Counsel for Opposite Party :- G.A.

Hon'ble Dinesh Kumar Singh,J.

1. Heard Sri Gopal Swaroop Chaturvedi, learned Senior

Advocate assisted by Ms. Somya Chaturvedi, learned counsel

for the applicant, Sri Sanjay Kumar Yadav, learned Additional

Government Advocate, representing respondent-State and

perused the record.

2. The accused-applicant has filed present application under

Section 439 Cr.P.C. seeking bail in Case No. 211 of 2022, Case

Crime No. 36 of 1998, under Sections 147, 148, 149, 307, 336,

338, 435, 504, 188, 34 IPC and Section 7 of Criminal Law

Amandment Act, Police Station Phoolpur, District Azamgarh,

during trial.

3. As per prosecution case, Akbar Ahmad Dumpy, the

candidate for Azamgarh Loksabha Constituency of B.S.P.

(Bahujan Samaj Party) had come in front of the police post in 6-

7 four wheeler vehicles alongwith 30-40 supporters. Akbar

Ahmad Dumpy and his friend suddenly got agitated and started

abusing the present accused-applicant and his brother in the

filthy languages. He threatened the accused-applicant and his

brother and said that he would remain alive or the accused-

applicant and his brother would be alive. After the exhortation,

Akbar Ahmad Dumpy and his supporters started firing, the

atmosphere of Ambari Bazar got surged. On this, the accused-

applicant, who was the candidate of same Loksabha

Constituency from Samajwadi Party alongwith his brother and

40-50 supporters came there and they also started abusing

Akbar Ahmad Dumpy and his supporters. Both the parties

started firing at each other. They used brick stones etc. on each

other and tried to set on fire the vehicles of each other. The

atmosphere got surged and the people were terrified. The shop

keepers closed their shops and ran away, because of this the law

and order got fully disturbed. The said persons namely, Akbar

Ahmad Dumpy, the present accused-applicant, his brother and

his supporters were arrested under Section 151 Cr.P.C. The

police after investigating the offence, filed the charge under

Sections 147, 148, 149, 307, 435, 188, 504, 338, 336 and 34

I.P.C. and Section 7 of Criminal Law Amendment Act.

4. The accused-applicant was enlarged on bail in the year 1999,

however, it appears that on some date the accused-applicant

could not appear and because of non-appearance, bail bonds

were cancalled and non-bailable warrants were issued. As soon

as the accused-applicant came to know about non-bailable

warrant, he surrendered and he has been in jail since 25th July,

2022. Some of the accused in cross case and in the present case

have been granted anticipatory/regular bail by this Court.

5. Sri Gopal Swaroop Chaturvedi, learned Senior Advocate

assisted by Ms. Somya Chaturvedi, learned counsel for the

applicant submits that the case is of the year 1998 and the

accused-applicant was cooperating during trial but on some date

he could not appear and therefore the bail bonds were cancelled

and non-bailable warrant was issued. He further submits that

accused-applicant may be enlarged on bail keeping his long

incarceration in jail for more than six months, after the bail

bonds got cancelled.

6. Sri Sanjay Kumar Yadav, learned Additional Government

Advocate has opposed the bail application and submitted that

accused-applicant has long criminal history of heinous offence

and while this Court considering the bail application of such

accused should keep in mind the long criminal history of the

accused-applicant. He therefore submits that since the accused-

applicant is involved in several other cases/offences, he is not

entitled to be enlarged on bail.

7. I have considered the submissions advanced on behalf of

accused-applicant and State. The dispute/scuffle took place

during election in the year