GHANSYAM DAS GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THE applicant seeks bail in Crime No. 1583-A. K. of 2005 for offences under Sections 147, 148, 149, 323, 504,506,436,302,201,1. P. C. and Section 6 of Unlawful Activities (Prevention) Amendment Act, 2004 P. S. Kotwali District Mau.

(2.) IN short the allegations of the prosecution are that there was a rioting in District mau on 14. 10. 2005 because of playing of loudspeaker and in the said rioting the factory of Khurshid situated at mohalla mughalpura on T. C. L. road was set ablaze by a rioting mob of 50-60 people from other community. Abu Talib son of informant Hazi salauddin, who had joined the said factory as worker just four days prior, had gone to work in that factory along with one shamshad and when the factory was torched he came out with the said shamshad to save their lives. Shamshad was neither assaulted nor any gesture was made to assault him but the applicant and one Nand Lal Sahani assaulted Abu Talib with iron rod at the instigation of one Bharat lal Rahi. Abu Talib sustained injuries and fell down. Shamshad came to the informant and narrated him the incident. Curfew was imposed due to riot. The informant came to know that on 26. 10. 2005, a dead body had been fished out of Tons river in Bahadur ganj, District Ghazipur and when the informant went to police station Kasimabad then the police showed the clothes and the photo of the recovered body which was recognized by the informant to be that of his son Abu Talib. Informant then went to the police station Kasimabad in District ghazipur and lodged the F. I. R. on 7. 11. 2005, which was subsequently transferred to P. S. Kotwali, District Mau for investigation.

(3.) THE inquest report and the autopsy report of the deceased both dated 16. 10. 2005 indicate that the deceased had sustained three injuries on the right side of forehead, front of head and just below right eye. The cause of his death is mentioned as coma as a result of sustained injuries.