MEWA LAL MAURYA Vs. STATE OF U P

JUDGEMENT

(1.) In a case registered under various sections of the Indian Penal Code including section 302 at Police station Lalganj, district Mirzapur (Crime No. 174 of 1987) the applicant Mewa Lal was shown as a participant in the commission of the crime. He is said to have hired two persons for ending the life of one Manikant, who was finished off by those persons. There is no eye-witness of the occurrence. The Sessions Judge, Mirzapur, by his order dt. 12.10.1 987 accepted the prayer of the applicant for being enlarged on bail. He, however attached these conditions for compliant by the applicant before being released from jail: Firstly-On furnishing a personal bond with two local and reliable sureties each in the like amount of Rs. 5000/- and Secondly - that the applicant will not enter within the limits of district. Varanasi and Mirzapur except to attend the trial till the trial is over, to avoid tampering with the evidence in any manner. So far as the first condition is concerned, the petitioner has no grievance. He has moved this petition under section 482 of the Code of Criminal Procedure for setting aside the second condition referred to above.

(2.) It is contended on behalf of the petitioner that the order is not only arbitrary but is discriminatory ago inasmuch as the other two persons, who are said to have given blows to the deceased causing his death, have been admitted to bail, but no condition of the said nature has been attached in their cases. The further assertion is that the impugned condition affects the liberty of the applicant guaranteed under the Constitution.

(3.) The applicant caries on carpet business and his Firm is in district Varanasi. He collects material for running that business from the adjoining districts including Mirzapur. On his basis, it is maintained by the petitioner that the condition would hamper the business and cause damage to it, if be is not allowed to enter the territorial limits of Varanasi and Mirzapur.