WALIULLAH Vs. STATE OF U P

JUDGEMENT

(1.) SHIV Shanker, J. This is a transfer application moved under Section 407 of the Code of Criminal Procedure on behalf of accused-applicant Waliullah son of Habibullah praying to recall three connected Sessions Trial No. 368 of 2006, under Sections 3/4/5/explosive Substance Act; 15/16 Unlawful Activities Prevention Act and 302/307/324/326 IPC, Police Station Lanka, District Varanasi, Sessions Trial No. 400 of 2006, under Section 302/307/324/326/424/120-B IPC and 3/4/5/explosive Substance Act, Police Station G. R. P. Cantt. District Varanasi and Sessions Trial No. 388 of 2006 under Sections 3/4/5/explosive Substance Act. Police Station Dashaswamedh, District Varanasi and transfer to some other Court of Sessions outside the Court of Sessions, Varanasi.

(2.) HEARD SriVinay Saran,learned Counsel for the applicant and learned A. G. A. as well as perused the whole records, including the supplementary affidavit filed on 22-11-2006 which was taken on record.

(3.) THE incident had alleged happened in the city of Varanasi at a very religious place i. e. premises of Sankat Mochan Mandir by making bomb blast at three places simultaneously on the same date and time. Photocopy of newspaper cutting (Annexure-XI) reveals that heavy stone pelting was done by the public upon the applicant when he was produced firstly in the Court of Varanasi. Similarly, second time, stone pelting was made as per Annexure-XII. THErefore, it appears that after considering the safety of the applicant, who is facing the above sessions trials, the trials are being conducted inside the District Jail, Varanasi as per the orders of the appropriate authority.