RISHIPAL SINGH YADAVversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
         CRIMINAL MISC. BAIL APPLICATION No. - 37465 of 2025

Rishipal Singh Yadav
                                                            .....Applicant(s)
                                   Versus

State of U.P.
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)      : G.S.Chauhan, Shantanu, Vikram Singh
                                Shrivastava
Counsel for Opposite Party(s) : G.A.

Court No. - 66
                      HON'BLE SAMEER JAIN, J.

1. This is second bail application filed on behalf of the applicant and his
first bail application has been dismissed by Hon'ble Ram Krishna
Gautam,J. vide order date 27.1.2022 passed in Criminal Misc.Bail
Application No. 36325 of 2021 but his Lordship has demitted his offence
and the instant second bail application has been assigned to this Bench,
therefore, the instant second bail application is being heard and disposed
of.

2. Heard Sri G.S.Chauhan, learned counsel for the applicant and Dr.
S.B.Maurya, learned AGA-I, for the State.

3. The instant bail application has been filed on behalf of the applicant
with the prayer to release him on bail in Case Crime No.141 of 2010,
under Sections 419,420, 467,468, 471 and 120B IPC, Police Station
Nawabad, District Jhansi during pendency of the trial.

4. Learned counsel for the applicant submits that however, this is second
bail application filed on behalf of the applicant but in the instant matter
applicant is in jail since 8.12.2020, i.e., for the last more than five years
and till date trial of the case could not be concluded.

5. He next submits that even in the present matter, however, as per
allegation applicant committed fraud and cheating but during
investigation allegations made by informant were found false and final
report was submitted but against the final report even protest petition was
filed then further investigation was directed and during further
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investigation applicant has been made accused in the present matter.

6. He further argued that from the bail rejection order dated 27.1.2022
passed by Coordinate Bench of this Court it reflects that bail application
of the applicant was dismissed only because applicant was previous
convict in two cases.

7. He further submits that however, apart from the present case applicant
is having criminal history of 13 other cases and out of 13 cases in 2 cases
he has been convicted including the case of murder but in all the cases
applicant is on bail and in two cases in which he has been convicted, his
appeal is pending.

8. He further submits that even if an accused is previous convict then also
on the ground of long incarceration he can be released on bail and for this
reason he cannot be detained forever without trial.

9. He further submits that therefore, considering the long incarceration of
the applicant, he should be released on bail.

10. Per contra, learned AGA, however, opposed the prayer for bail but
could not dispute the argument on facts advanced by the learned counsel
for the applicant.

11. I have heard learned counsel for the parties and perused the record of
the case.

12. However, this is second bail application filed on behalf of the
applicant and his first bail application has been dismissed by Hon'ble Ram
Krishna Gautam,J. after considering the fact that applicant has been
convicted in two cases including a case of murder but in the present
matter there is allegation of fraud and cheating against the applicant and
he is in jail in the present matter since 8.12.2020, i.e.,for the last more
than five years.

13. Further, however, apart from the present case, in two cases applicant
has been convicted including a case of murder and he is also having
criminal history of 11 other cases but his criminal history has been
explained in the instant bail application and in all the cases he is on bail
including the cases of conviction
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                               3


14. Considering the nature of allegations made against applicant and facts
of the case, this Court is of the view that it is not proper to withhold the
bail application of the applicant by ignoring his long incarceration merely
on the basis of his criminal antecedents.

15. Further, this Court also finds merit in the argument advanced by the
learned counsel for the applicant that merely on the basis of criminal
antecedents of the applicant and the fact that he is previous convict, he
cannot be detained in jail forever without trial.

16. The Apex Court in the case of Ayub Khan Vs. State of Rajasthan,
2024 SCC OnLine SC 3763 in paragraph-10 also observed as under:

"The presence of the antecedents of the accused is only one of the several
considerations for deciding the prayer for bail made by him. In a given
case, if the accused makes out a strong prima facie case, depending upon
the fact situation and period of incarceration, the presence of antecedents
may not be a ground to deny bail. There may be a case where a Court can
grant bail only on the grounds of long incarceration. The presence of
antecedents may not be relevant in such a case. In a given case, the Court
may grant default bail. Again, the antecedents of the accused are
irrelevant in such a case. Thus, depending upon the peculiar facts, the
Court can grant bail notwithstanding the existence of the
antecedents.................."

17. Therefore, considering the facts and circumstances of the case
discussed above, in my view, applicant is entitled to be released on bail.

18. Accordingly, without expressing any opinion on the merits of the
case, the instant bail application is allowed.

19. Let the applicant-Rishipal Singh Yadav be released on bail in the
aforesaid case on furnishing a personal bond and two sureties each in the
like amount to the satisfaction of the court concerned with the following
conditions:-

(i) The applicant shall appear before the trial court on the dates fixed,
unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat
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                                                                    4


                                    or promise to any person acquainted with the facts of the case so as to
                                    dissuade him from disclosing such facts to the Court or any police officer
                                    or tamper with the evidence.

                                    (iii) The applicant shall not indulge in any criminal and anti-social
                                    activity.

                                    20. In case of breach of any of the above condition, the prosecution will
                                    be at liberty to move an application before this Court for cancellation of
                                    the bail of the applicant.

                                    21. It is clarified that the observations made herein are limited to the facts
                                    brought in by the parties pertaining to the disposal of bail application and
                                    the said observations shall have no bearing on the merits of the case
                                    during trial.




                                                                                                (Sameer Jain,J.)
                                    April 23, 2026
                                    SKM




Digitally signed by :-
SHRAVANA KUMAR MISHRA
High Court of Judicature at Allahabad