JAMUNA NISHAD Vs. STATE OF U.P.
LAWS(ALL)-2008-1-248
HIGH COURT OF ALLAHABAD
Decided on
January 01,2008
Jamuna Nishad
Appellant
VERSUS
STATE OF U.P.
Respondents
JUDGEMENT
VINOD PRASAD, J. -
(1.)APPLICANT Jamuna Nishad has sought his release on bail in crime number 946 of 2008 for offences under sections 147,148,149,302, 452,333,353,323,504,506,427, I.P.C. and 27 Arm's Act, PS Kotwali District Maharajganj. This bail application was heard earlier and order was reserved but avizandum some clarification was needed and therefore it was listed for further hearing today.
(2.)HEARD Sri G.S.Hajela, learned counsel for the applicant and learned AGA in support and opposition of this bail application.
On 7.6.2008 at 10 p.m. a rowdy mob armed with lethal fire arms in the motorcade of the applicant in five or six cars, lead by the present applicants Jamuna Nishad, raided police station Kotwali, district Maharajganj, entered into it's precinct, destroyed public property and assaulted and roughed up police personals present there by indulging into rowdyism and thereby, besides other offences, committed offence under section 332 I.P.C. One of the person in that motor caravan also shot at constable Krisha Nand Rai, who while being carried to the hospital lost his life. The immediate cause of such illegal and unruly behaviour was that one Dharmendra Upadhyay had raqvished the chastity of informant Ramanand Sahani's daughter but the police had registered the offence only under section 354 I.P.C. and therefore said accused was enlarged on bail. Applicant along with his rioters had gone to police station Kotwali protesting the act of the police. In the incident two other police constables,besides the deceased had sustained injuries as well and their 161 Cr.P.C. statements have been appended along with the supplementary affidavit filed on behalf of applicant as annexure SA1.FIR of present incident was lodged by Vijayi Prasad Chawdhari, Incharge Inspector, PS, Kotwali, district Maharajganj on the same day at 11.30 p.m. registered as crime number and for offences mentioned above. Autopsy report of the deceased dated 8.6.2008, indicate that he had sustained fire arm injury.
(3.)ON such facts I have heard learned counsel for the applicant and learned AGA in support and opposition.
(2.)HEARD Sri G.S.Hajela, learned counsel for the applicant and learned AGA in support and opposition of this bail application.
On 7.6.2008 at 10 p.m. a rowdy mob armed with lethal fire arms in the motorcade of the applicant in five or six cars, lead by the present applicants Jamuna Nishad, raided police station Kotwali, district Maharajganj, entered into it's precinct, destroyed public property and assaulted and roughed up police personals present there by indulging into rowdyism and thereby, besides other offences, committed offence under section 332 I.P.C. One of the person in that motor caravan also shot at constable Krisha Nand Rai, who while being carried to the hospital lost his life. The immediate cause of such illegal and unruly behaviour was that one Dharmendra Upadhyay had raqvished the chastity of informant Ramanand Sahani's daughter but the police had registered the offence only under section 354 I.P.C. and therefore said accused was enlarged on bail. Applicant along with his rioters had gone to police station Kotwali protesting the act of the police. In the incident two other police constables,besides the deceased had sustained injuries as well and their 161 Cr.P.C. statements have been appended along with the supplementary affidavit filed on behalf of applicant as annexure SA1.FIR of present incident was lodged by Vijayi Prasad Chawdhari, Incharge Inspector, PS, Kotwali, district Maharajganj on the same day at 11.30 p.m. registered as crime number and for offences mentioned above. Autopsy report of the deceased dated 8.6.2008, indicate that he had sustained fire arm injury.
(3.)ON such facts I have heard learned counsel for the applicant and learned AGA in support and opposition.
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