LAWS(ALL)-2023-4-142

SOVARAN SINGH ADHTI Vs. STATE OF U. P.

Decided On April 05, 2023
Sovaran Singh Adhti Appellant
V/S
STATE OF U. P. Respondents

JUDGEMENT

(1.) This application has been moved on behalf of the applicants Sovaran Singh Adhti, Shivanand Shakya, Brijesh Kumar, Santosh, T.R. Shakya @ Tulsidas and Shyam Sundar seeking anticipatory bail in Case Crime No.231 of 2006 (Case No.6183 of 2011) under Ss. 147, 148, 149, 307, 435, 436, 332, 353, 427, 341, 186 IPC, Sec. 3/4 Public Property Act and Sec. 7 Criminal Law Amendment Act, Police Station - Bhogaon, District- Mainpuri.

(2.) Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

(3.) From perusal of the FIR it appears that in the case in hand a huge crowd of several persons was raising slogan and the roads were jammed demanding the arrest of some accused wanted in case crime no.226 of 2006 under Sec. 376 IPC and when the police force came at the spot, several persons including the present accused- applicants, being excited, started stone pelting upon the police force and some persons also opened fire upon the police with intention to kill. Roadways buses, bearing registration nos. UP75-B-9429, UP14- W-9707 and UP84-C-9487 and UP84-C-9171, were damaged and set to fire and public order was completely disturbed. The police with the view to disburse the crowd used force and in defence fire was also reciprocated by the police and some miscreants were arrested on spot. F.I.R. was lodged and investigation started. After investigation, charge-sheet was filed against 64 named accused-persons. Processes were issued by the Court to the accused-persons for appearance including the present accused-applicants, but they did not appear before the Court and the trial Court, in order to procure the appearance of the accused-applicants, issued processes under Ss. 82 and 83 Cr.P.C. and they were declared proclaimed offender.