SUDAMA URAON Vs. STATE OF U P

JUDGEMENT

(1.) This 5th bail application has been filed seeking the release of the applicant on bail in Case Crime No.462 of 2008, u/ss 147, 148,149,307, 412 IPC and Section 7 Criminal Law Amendment Act, Police Station- Pannuganj, District- Sonebhadra. First, Second, Third and Fourth bail applications were rejected vide orders dated 7.9.2011,27.9.2013, 11.1.2016 and 30.9.2016 for non-prosecution by different Benches of the High Court.

(2.) Submission of learned counsel for the applicant is that co-accused Naresh Mahato alias Rahul alias Satendra has been released on bail by another Bench of the High Court and, therefore, the applicant may also be released on bail on the ground of parity. Further submission is that in one case under the POTA the applicant has already been acquitted and in the present case he is in jail since 24.10.2008 and, therefore, on the ground of his prolonged detention also he may be released on bail. It has also been pointed out that the injuries caused to the victim have not proved fatal and all those who received injuries have survived.

(3.) Learned AGA has vehemently opposed the bail of the applicant and has submitted that this is a case in which the applicant involved is a dreaded criminal who had become symbol of terror and was associated with naxalite activities. On the day of occurrence, the police party had tried to intercept the gang of naxalites on which the gang made a deadly assault by using firearms against the police party. As some of the police personnel were wearing bullet proof jackets, they had a close shave with death and survived but a number of police men received multiple injuries. The attention of the court was drawn to the medical examination of Sri Amar Nath Yadav, who was the S.O., the medical examination of Sri Vijay Lal Yadav, who was SOG. in-charge as well as the medical examination relating to Sri Sudhir Kumar Singh, Sub-Inspector. Attention of the court was also drawn to the medical examination of Deepak Dubey, who is also Sub-Inspector of SOG. It was emphasized that all these four police officials have received firearm injuries on their person. It was further emphasized that the applicant was arrested on the spot, who could not make his escape good. He was apprehended on the spot with illicit DBBL gun the barrel of which was redolent with recently used gun powder. It has been contended that so far as the case of co-accused Naresh Mahato alias Rahul alias Satendra is concerned, he was not arrested from the spot and, therefore, there is clear distinction between his case and the case of the applicant, who was the leader of the gang. It has been further submitted that the applicant is a former convict and he was sentenced to undergo imprisonment of 10 years under Section 20 of POTA for his involvement in the murder of one D.F.O. It has been pointed out that the applicant has not been acquitted in the case relating to POTA but he has already served out his sentence after conviction. Contention is that with regard to a person of such criminal antecedents releasing him on bail will be very hazardous to the society and there is no good reason to take a liberal view in the matter with regard to the applicant. It has been further pointed out that in the District Sonebhadra itself there are three criminal cases registered against him.