AKSHAY PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal arises from an order of rejection of the first and second bail applications moved by the appellant before the Special Judge, designated Court for his release under the Prevention of Terrorism Act, 2002. The first bail application was rejected by designated Court on 11-11-2003. The second bail application was presented before the said Court on behalf of the appellant later on and same was also rejected. No objection was filed by the State in the second bail before the designated Court nor it opposed the ball.

(2.) Heard Sri V. B. Singh, learned senior counsel for the appellant assisted by Sri Kamal Krishna and learned G.A., assisted by A.G.A. Sri R. K. Singh.

(3.) The brief facts of the case are that one Udai Pratap Singh was arrested on 25th of January, 2003 by the local police of Pratapgarh. AK-56 rifle along with some ammunition frojn his possession was recovered. His confession was recorded by Deputy S.P., Sri N. P. Singh. From this confession he was found to have committed the offence under the provisions of the Prevention of Terrorism Act (hereinafter 'the Act' shall be referred to in the judgment as 'POTA'). The confession was inculpatory inasmuch as the said Udai Pratap Singh admitted the possession of the said unauthorised weapon and ammunition. However, in his statement he further stated that his son Raghuraj Pratap Singh alias Raja Bhalya gave it to him. It is further available from the said confession that appellant was also present when this gun was handed over by Raja Bhaiya to his father Udai Pratap Singh. According to this statement the appellant was having a similar gun too when he visited the Raja. On the basis of the said confession the appellant was also detained under the provisions of the said Act, POTA. Long before the registration of the case the appellant was arrested by the local police on 23-11-2002 under the provision of the U.P. Gangster and Anti-Social Activities (Prevention) Act, 1986. He was in Jail at the relevant time in that case.