UMAKANT YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Amrendra Nath Singh, learned Senior Advocate assisted by Sri Ram Pratap Yadav, learned counsel for the applicant as well as Sri Hanuman Deen Verma, learned counsel for the complainant and Sri J.P.S. Chauhan, learned Additional Government Advocate for the State.

(2.) The present bail application under Sec. 439 Cr.P.C. has been filed seeking bail by the accused applicant in Case Crime No. 260 of 2019, under Ss. 120-B, 454, 380, 447 I.P.C. and Sec. 3(2)(ka) of the Prevention of Damage to Public Property Act, 1984, Police Station - Phoolpur, District - Azamgarh.

(3.) The F.I.R. in question got registered on a written complaint of Lal Chand Yadav S/o Ram Bujharat on 4/10/2019 on the allegation that on 27/9/2019 at around 5-6 p.m. on exhortation of present accused applicant, his sons, namely, Ravikant Yadav and Dineshkant Yadav and several unknown accomplices broke open the locks of Gandhi Ashram and stolen 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.