SHIVRAJ SINGH BAGDAWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE above three bail applications have arisen out of one and same Case Crime No.30 of 2010, Sessions Trial No.1245 of 2010, under Sections 120B, 420, 467, 468, 121, 121A I.P.C. and Sections 13/18/20/21/23(2)/38/39/40 of Prevention of Unlawful Activities Act, 1967, P.S. Kidwai Nagar, District Kanpur Nagar.

(2.) SINCE the three bail applications have arisen out of one and same case crime number, they were connected vide orders dated 12.11.2013 and 4.12.2013 passed in Criminal Misc. Bail Applications No.33606 of 2013 and 36648 of 2013 respectively, were heard together and are being disposed of by a common order.

(3.) THE prosecution case in brief is that, following the arrest of certain office bearers and members of Politburo of banned organisation Communist Party of India (M), it was disclosed that store of literature of the banned organization is being run at the house of applicant Shivraj Singh Bagdawal in Kidwai Nagar and several members of organization are present there. The police allegedly apprehended the applicants and recovered a lot of literature of banned organization in the form of pamphlets, booklets, magazines and electronic gadgets viz. C.Ds., Cassettes and pen drives etc. from the bags in the hand of each of the applicants containing literature and electronic material challenging the unity, integrity and sovereignty of India alongwith huge money upon which the seizer memo was prepared by the police on the spot and a case was registered under the above sections.