GAJRAJ SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) IN all these bail applications under section 439 of the Code of Criminal Procedure (in short 'the Cr.P.C.'), prayer for bail has been made on behalf of applicants Gajraj Singh, Pal Singh and Santosh Tiwari, who are facing trial in district Court Lucknow in S.T. No. 15 of 2009, arising out of case crime No. 299 of 2008, under sections 323, 342, 457, 364, 302 and 120-B, IPC and sec­tion 7, Criminal Law Amendment Act, P.S. Diviyapur, District Auraiya.

(2.) THE deceased Manoj Kumar Gupta was posted as Executive Engineer, P.W.D., in District Auraiya and he was re­siding in Gail Vihar Colony, Diviyapur, District Auraiya. He was brutally beaten in his residence in the intervening night of 23/24.12.2008. His wife Smt. Shashi Gupta lodged an FIR on 24.12.2008 at 6.20 a.m. at P.S. Diviyapur, where a case under section 323, 342, 457, 364, IPC was registered at crime No. 299 of 2008 against Bhatia, Tyagi and one unknown person. The allegations made in the FIR (annexure 1), in brief, are that when Smt. Shashi Gupta and her hus­band Manoj Kumar Gupta were present in their residence in Gail Vihar Colony Divi­yapur, some persons after breaking the door entered into their residence on 24.12.2008 at about 1.30-2.00 a.m. and caused marpeet with Manoj Kumar Gupta and thereafter, they carried him in the ve­hicle and bolted the door from outside. It is alleged that when the miscreants were beating Manoj Kumar Gupta, he was re­questing them to leave him calling their names Bhatia and Tyagi. Further case of prosecution is that Sri Shekhar Tiwari, sit­ting MLA of BSP along with Puti, Vinay Tiwari and Manoj Awasthi brought a per­son in serious condition at P.S. Diviyapur in their private vehicle and after leaving him there, they went away. Entry regard­ing this fact was made in GD at 3.05 a.m. in P.S. Diviyapur and thereafter the injured person was sent to CHC Auraiya, where he succumbed to the injuries. That injured was Manoj Kumar Gupta. After investigation, charge sheet was submitted against ac­cused persons in the Court of CJM Divi­yapur and on the case being committed to the Court of Session for trial S.T. No. 15 of 2009 was registered.

(3.) ARGUMENT in these bail applica­tions were heard on merit on 3.8.2009 and order was reserved. During the course of arguments it was brought to my notice that trial of the accused persons including the applicants is going on in Sessions Court Lucknow. Therefore, I vide my order dated 6.8.2009 posed a question regarding main­tainability of the bail applications in the principal seat of High Court at Allahabad. I have heard arguments of Sri J.S. Sengar, Advocate, appearing for the applicants, Sri S.G. Hasnain, Additional Advocate General as well as AGA Sri J.P. Singh on the point of maintainability of bail applications in the principal seat of High Court at Allahabad.