Raj Mani Chauhan, J. - (1.) HEARD Sri I.B. Singh, Senior Advocate appearing on behalf of the accused applicant and Sri Kunwar Mridul Rakesh, learned Special Public Prosecutor appearing on behalf of the State as well as perused the documents available on record.
(2.) THE accused applicant Shiv Pal Singh @ S.P. Singh (at present member of U.P. Legislative Council), son of Late Sri Ram Lal Singh, resident of 28, Bajrang Nagar, Police Station Krishna Nagar, Lucknow; permanent resident of Sadarpur, Police Station Bilgram, District Hardoi is involved and detained in Case Crime No. 178 of 2006, under Sections , I.P.C., from Police Station Ashiyana, District Lucknow and he is facing trial in S.T. No. 341 of 2007; State v. Shiv Bahadur Singh and Ors., under Sections , I.P.C., pending in the Court of learned Additional Sessions Judge, Court No. 1, Lucknow which has arisen out of the charge sheet filed by the Investigating Officer in the case crime referred above. The accused applicant moved the first bail application before this Court which was allowed by the another Bench of this Court, vide order dated 8.3.2007, passed in Criminal Misc. Case No. 999 (B) of 2007. Thereafter, Lokesh Singh, the son of the deceased C.P. Singh of the present case preferred Special Leave Petition (Criminal) 2861 of 2007 (Criminal Appeal No. 1649 of 2008) before the Hon'ble Apex Court challenging the order passed by this Court allowing the bail application of the accused applicant. The Hon'ble Apex Court, vide judgment and order dated 21.10.2008 granted leave as well as allowed the appeal and set aside the order passed by this Court granting the bail to the accused applicant. The accused applicant thereafter in compliance of the order of Hon'ble Apex Court surrendered before the trial court on 24.10.2008. Thereafter, he had moved second bail application before this Court on 3.11.2008 which is under consideration. The facts giving rise to the present application, in brief, are that the accused applicant Shiv Pal Singh @ S.P. Singh, Chandra Pal Singh (C.P. Singh), Govind Yadav, Gopal Ji Misra and D.G. Singh were initially employed as teacher in the 'City Montessori School', a well reputed institution at Lucknow. All the five teachers chalked out a plan to run their own institution on the pattern of 'City Montessori School'. Therefore, all the five left their services of 'City Montessori School'.
(3.) BY passage of time, S.P. Singh and C.P. Singh separated themselves from remaining three teachers to establish their own institution. They opened their institution named as 'Lucknow Public School' in Sector -D, LDA Colony, Kanpur Road, Sector -I, LDA Colony, Kanpur Road, Block -A, Rajajipuram and Block -B, Rajajipuram, Lucknow. The remaining three teachers started new institution named as 'New Public School'. The 'Lucknow Public School' in Sector -D and Sector -I, LDA Colony, Kanpur Road, Lucknow were run and managed by C.P. Singh while 'Lucknow Public School' in Block -A and Block -B, Rajajipuram, Lucknow were run and managed by S.P. Singh.;