Akash Yadav vs. State Of U.P.

Held

The Court granted bail to the applicant, Akash Yadav. The decision was based on a consideration of the entire facts and circumstances of the case, the submissions made by both parties, and the nature of the offense. The Court acknowledged the applicant's arguments regarding his legitimate business operations, GST registration, and the lack of direct incriminating evidence recovered from his possession. While not expressing a final opinion on the merits of the case, the Court found that the applicant had made out a case for bail. The Court relied on the principle laid down by the Apex Court in Satendra Kumar Antil Vs. C.B.I. & Another. The operative directions included releasing the applicant on bail upon furnishing a personal bond and two sureties, subject to conditions aimed at ensuring his cooperation with the trial and preventing any criminal activity. The trial court was also directed to expedite the trial.

Facts

This case involves a bail application filed by Akash Yadav, the applicant, who is accused in Case Crime No. 182 of 2023 under Sections 419, 420, 467, 468, 471, and 120-B of the Indian Penal Code. The applicant claims to be the owner of a CSC (Common Service Centre) named Jai Gurudev Phot State, with a valid GST registration and certification for banking activities. He asserts his innocence, alleging false implication due to ulterior motives. The prosecution's alleged recovery of a biometric machine from a CSC Jan Sewa Kendra is claimed to be unrelated to the applicant, and no incriminating items were found in his possession. The applicant has been in jail since April 7, 2023, and has no prior criminal history.

Key Issues

1. Whether the applicant is entitled to bail in Case Crime No. 182 of 2023 under Sections 419, 420, 467, 468, 471, and 120-B I.P.C.? Petitioner's Arguments: The applicant's counsel argued that the applicant has been falsely implicated due to ulterior motives. They highlighted that the applicant is a legitimate business owner with a GST registration and banking certifications, suggesting his involvement in alleged fraudulent activities is unlikely. The recovery of a biometric machine from a CSC Jan Sewa Kendra was presented as not incriminating to the applicant, and no recovery was made from his person. The applicant's cooperation with the legal process, his continuous incarceration since April 7, 2023, and his lack of criminal history were also emphasized to support the bail plea. Revenue's Arguments: The learned Additional Government Advocate opposed the bail prayer.