LAWS(ALL)-2022-4-115

AYUB Vs. STATE OF U.P.

Decided On April 26, 2022
AYUB Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri V.P. Srivastava learned Senior Counsel assisted by Shri R.K. Sinha, learned counsel for the applicant, Shri Vishwa Deepak Mishra, learned A.G.A. for the State and perused the material on record.

(2.) The instant Anticipatory Bail Application has been filed by the applicant namely, Dr. Ayub with a prayer to grant him anticipatory bail in Case Crime No. 690 of 2016, under Ss. 295A, 500, 504, 505, 506, IPC, Police Station - Cantt., District - Gorakhpur after rejecting anticipatory bail application of the applicant by Sessions Judge, Gorakhpur vide order dtd. 17/12/2021.

(3.) Brief facts of the case are that the first information report dtd. 26/7/2016 has been lodged by Sunil Singh against the applicant and unknown persons stating therein that on 25/7/2016 when the first informant along with two companions were coming from the side of planetarium, they saw that there was a huge crowd in the Champa Devi Park and from the stage the applicant, who was the National President of Peace Party and Member of Legislative Assembly, Khalilabad, was abusing the then Member of Parliament, Gorakhpur and Goraksha Pethadheeshwar by saying that he was a terrorist and would kill him wherever he had been found and would capture the Gorakhnath Temple.