Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 157262 (ALL)

VIJAY YADAV @ VIJAY SINGH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

BAIL/9453/2024 · 2025-08-12

Subhash Vidyarthi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:47110 Court No. - 13 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9453 of 2024 Applicant :- Vijay Yadav @ Vijay Singh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Mahendra Pratap Singh,Bal Keshwar Srivastava,Santosh Singh,Satyendra Kumar Tiwari,Sheo Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Balkeshwar Srivastava, learned Counsel for the Applicant and Shri Abhishek Kumar Singh, learning Additional Government Advocate. 2. The applicant has filed this application seeking bail in case crime No. 327 of 2024 under sections 319(2), 318(4), 338, 337, 336(3), 340(2), and 3/5 BNS Act, Police station Salon, District Raibareli. 3. The aforementioned case has been registered on the basis of an FIR lodged on 17/7/2024 against four persons, including the applicant, stating that while the applicant was working as Gram Vikas Adhikari, Salon, a large number of birth certificates were issued using the ID and password of the applicant. The birth certificates were issued in respect of persons who were not residents of the village panchayat mentioned in the birth certificates. A total number of 19,184 illegal birth certificates had been issued. The FIR mentions that the applicant had earlier informed the informant that the co-accused persons, who operate a Common Service Center (CSC), had issued a large number of birth and death certificates by misusing his ID and password. 4. In the affidavit filed in support of the bail application, it has been stated that the applicant is innocent. He has been falsely implicated in the present case, and he has no criminal history. 5. A copy of the application dated 15/7/2024 submitted by the applicant to the police has been annexed with the bail application as Annexure No. 2, wherein he has complained that by working as Gram Vikas Adhikari at Development Block/ Vikas Khand Salon, the applicant used to reside in a room in the house of another accused person, which he had taken on rent. The other accused persons operate a Jan Seva Kendra and a photocopy shop. By misusing the ID and password of the applicant, the co-accused persons have issued birth and death certificates to persons residing outside the village panchayat area. The applicant had expressed an apprehension that false birth certificates may pose a threat to the safety and security of the nation. 6. The state has filed a counter affidavit opposing the bail application, annexing therewith copies of the material collected during investigation. 7. In the custodial statement of the applicant, he stated that he was residing in a rented room taken from co-accused Riaz Khan, and he had given his ID and password to co-accused Mohammad Zeeshan and used to tell him OTPs also. In the additional statement, the applicant stated that co-accused persons Mohammad Zeeshan and Sohail used to prepare online birth certificates using his ID with his consent. 8. Learned Additional Government Advocate has vehemently opposed the bail application, and he has submitted that the applicant, being a public servant, has participated in preparation of thousands of false birth certificates. He has further stated that it has come to light from the F.S.L. report there here had been mobile phone communications between the applicant and the co-accused Mohd. Zeeshan. The offense is heinous and serious in nature, and the applicant is not entitled to be released on bail. 9. Having considered the aforementioned facts and circumstances of the case, and keeping in view the fact that even prior to lodging of the First Information Report dated 17/7/2024, the applicant had himself given a complaint to the police on 15/7/2024, alleging misuse of his ID and password by the co-accused Mohd. Zeeshan and Sohail and he had also lodged a complaint to this effect on Integrated Grievance Redressal System on 16.07.2024; that the applicant is a Government Servant and in case of his being released on bail there does not appear to be any reasonable apprehension of his absconding from process of law and that the applicant is languishing in jail since 18.07.2024, whereas the investigation has already concluded, the application is allowed. 10. Let the applicant- Vijay Yadav alias Vijay Singh be released on bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:- (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court. (Subhash Vidyarthi, J.) Order Date :- 12.8.2025 A.Nigam Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench