However, Justice Pahal said Yadav (the present applicant) was not named in the FIR and the evidence against him was at par with the co-accused who had been granted bail by the trial court.

“As per record also, there seems nothing on record to distinguish the case of applicant Abhishek Yadav with the co-accused persons Sharda Prasad Yadav and Ritesh @ Acchelal. Such inconsistency raises question on the conduct of the judicial officer,” the Court said, adding the explanation given by the trial judge does not find mention in the bail orders.

In this backdrop, the Court granted anticipatory bail to Yadav till the conclusion of trial.


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