RAM SEWAK GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) NASIMUDDIN, J. Ram Sevak Gupta has moved this application for cancella tion of bail, under sub-section (2) of Sec tion 439 Cr. P. C. read with Section 482 Cr. P. C, of Lai Bahadur Yadav and Rakesh, who were granted bail by this Court on 15-1-1999 and 12-1-1999 respectively in Crl. Misc. Case No. 368 (B) of 1999 and Crlmisc. Case No. 260 (B) of 1999 in Case Crime No. 203 of 1999 under Sections 147, 148, 149, 302, 504 and 506 IPC, Police Station Chinhat district Lucknow. For the same purpose State of U. P. has also moved for cancellation of bail of Lal Bahadur aforementioned accused on the same case.

(2.) LEARNED counsel for the applicant and learned counsel for the State were heard. LEARNED counsel for the accused persons Lai Bahadur Yadav and Rakesh did not appear to argue the case. However, earlier counter-affidavit was filed on be half of the two accused persons by Ram Sharan Pal.

(3.) THE main ground Of the com plainant side for cancellation of bail of these two persons is that on 9-2- 1999 the complainant etc. were abused by the ac cused persons. THE occurrence of 11-2-1999 has been narrated in the F. I. R. by the complainant Ram Prakash. Regarding this occurrence an F. I. R. in case Crime No. 34 of 1999 under Sections 147, 504, 506 and 307 IPC was registered and was inves tigated and according to the information at the Bar charge- sheet has been sub mitted and the trial has been pending at present before XIII Addl. Sessions Judge, Lucknow. In that case firstly, the bail was rejected but later on the second applica tion of the bail was allowed by this Court.