- (1.) THE above three bail applications have arisen out of one and same Case Crime No.30 of 2010, Sessions Trial No.1245 of 2010, under Sections 120B, 420, 467, 468, 121, 121A I.P.C. and Sections 13/18/20/21/23(2)/38/39/40 of Prevention of Unlawful Activities Act, 1967, P.S. Kidwai Nagar, District Kanpur Nagar.
(2.) SINCE the three bail applications have arisen out of one and same case crime number, they were connected vide orders dated 12.11.2013 and 4.12.2013 passed in Criminal Misc. Bail Applications No.33606 of 2013 and 36648 of 2013 respectively, were heard together and are being disposed of by a common order.
(3.) THE prosecution case in brief is that, following the arrest of certain office bearers and members of Politburo of banned organisation Communist Party of India (M), it was disclosed that store of literature of the banned organization is being run at the house of applicant Shivraj Singh Bagdawal in Kidwai Nagar and several members of organization are present there. The police allegedly apprehended the applicants and recovered a lot of literature of banned organization in the form of pamphlets, booklets, magazines and electronic gadgets viz. C.Ds., Cassettes and pen drives etc. from the bags in the hand of each of the applicants containing literature and electronic material challenging the unity, integrity and sovereignty of India alongwith huge money upon which the seizer memo was prepared by the police on the spot and a case was registered under the above sections. Learned counsel for the applicants contended that the applicants have been falsely implicated with ulterior motive; that no offence under any of the sections is made out against the applicants; that in a series of cases from Gorakhpur, Allahabad and Kanpur etc. several persons were picked up and charged under above provisions of I.P.C. and Unlawful Activities (Prevention) Act, 1967; that the applicants are not the members of any banned organization or its frontal organization as alleged; that mere membership of such a banned organization or keeping of the pamphlets, booklets, C.Ds. etc. containing literature or material which simply eulogizes the communist thinking and ideologies is not a crime punishable under any of above provisions under which the applicants have been charged; that the literature contains the miserable and pathetic conditions of poor and down trodden sections of society; that the applicants may not be held liable for waging war against the Government of India or the State Government; that criticism of Government of India or State about failure to protect and safeguard the interests of poor and down trodden sections of society is no offence in the eyes of law.;