Bail Granted Due to Lack of Evidence on Public Order Disturbance and Procedural Lapses
In a significant decision, the Allahabad High Court has granted bail to Rajveer Singh Yadav, who was implicated in a case involving allegations of hurting religious sentiments. The bail application was allowed by Justice Sameer Jain, highlighting several key deficiencies in the prosecution's case.
Rajveer Singh Yadav was arrested under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023, including Sections 299, 196, 353, 61(2), 338, 336(3), and 340(2), following accusations tied to co-accused Saroj Sargam's statements and the possession of a controversial book. The court noted that Yadav was not named in the original FIR, and his implication was based solely on the co-accused's statement and his role as editor of the contentious book.
The court found that there was no substantial evidence suggesting that Yadav's actions had disturbed public order, a critical factor in cases involving religious sentiments. Furthermore, the procedural lapses during his arrest, particularly the failure to communicate the grounds of arrest, were deemed a violation of legal norms established by the Supreme Court, referencing the case of Vihaan Kumar v. State of Haryana.
Despite the prosecution's argument concerning Yadav's criminal history, the court emphasized that he was deemed innocent until proven guilty and had already spent over six months in custody for offenses that are triable by a Magistrate. This prolonged incarceration, coupled with the lack of evidence, warranted the granting of bail.
Justice Jain set conditions for Yadav's release, including regular court appearances, non-interference with witnesses, and abstaining from criminal activities. The court underscored that these observations pertain solely to the bail application and would not influence the trial's outcome.
The decision marks a pivotal moment in the case, balancing legal procedures with individual rights, and reiterates the judiciary's role in safeguarding against unjust detention.
Bottom line:-
Bail application allowed considering absence of evidence of public order disturbance, procedural lapses during arrest, and prolonged incarceration of the accused.
Statutory provision(s): Sections 299, 196, 353, 61(2), 338, 336(3), 340(2) of Bharatiya Nagarik Suraksha Sanhita, 2023
Rajveer Singh Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2894494
