SUDHIR GOYAL Vs. STATE

JUDGEMENT

(1.) This application for bail now survives only on behalf of Sudhir Goyal and Tejinder Singh under section 439 Cr. PC.

(2.) It is alleged in the application that Sudhir Goyal is a student of Com. (Hons.) final year and is a convener of Samajwadi Yuvjan Sabha (Delhi University) which is a youth wing of Bharatiya Lok Dal which is an all India political party and is not a banned organisation. Tejinder Singh is also alleged to be a post-graduate student in Siri Ram College and an active member of Samajwadi Yuvajan Sabha which is a youth wing of Socialist Party which is not a banned organisation.

(3.) It is further stated in the application that the allegation that the petitioners are members of C.P.I. (M&L), which is a banned organisation, is completely baseless and unfounded and has been fabricated by the police to implicate the petitioners. It is also alleged that there is no mention in the F.I.R. about their connection with any banned organisation which makes the prosecution story doubtful. It is next alleged that the recovery of posters, letters etc. is all planted by the police and that nothing has been recovered from their possession. It is then averred that the police has not filed the challan within sixty days of the petitioners' arrest as provided under section 167 Cr. PC. and the courts below have ignored the mandatory provisions of section 167 while disposing of their bail application.