KHEEM SINGH BORA Vs. STATE OF U.P.

JUDGEMENT

(1.) Sri Gulam Mustafa, learned counsel for the applicant and Sri Shiv Nath Tilhari, learned counsel for the A.T.S. as well as learned AGA for the State.

(2.) By means of the present application, the applicant- Kheem Singh Bora @ Matrey @ Prakash @ Rajan @ Vijaypahru, seeks bail in Case Crime No.5 of 2019, under Ss. 3/25 of Arms Act and 20/38 of Unlawful Activities (Prevention) Act, 1967, Police Station-ATS Gomtinagar, District- Lucknow, during the pendency of trial. PROSECUTION STORY

(3.) As per the prosecution story, one Manish Srivastava was taken on police custody remand by ATS Gomtinagar, Lucknow in Case Crime No.4 of 2019 and he revealed that the applicant (Kheem Singh Bora) is the Secretary of Bhartiya Communist Party (Maoist) in the State of Uttarakhand. He further revealed that a meeting is proposed to be held at Dhanbad, Jharkhand related to above said organisation and the applicant was to leave to Dhanbad by train via Bareilly on 17/7/2019 for participating in the said meeting. On the basis of aforesaid information, the ATS team arrested the applicant on 17/7/2019 at 19:50 AM and recovered one country made pistol 315 bore, five live cartridges and literature related to the banned organisation Bhartiya Communist Party (Maoist). The case was registered bearing Case Crime No.05 of 2019, u/s 3/25 of Arms Act and Ss. 20/38 of U.A.P. Act, 1967 at P.S. ATS Gomtinagar, Lucknow. RIVAL CONTENTIONS