Barkat Ali Zaidi, J. - (1.) THESE are five bail applications, which are being consolidated for orders, because they relate to the same occurrence and the crime number (298 of 2007 Police Station Phoolpur Kotwali District Azamgarh) is the same.
(2.) ALL the five applicants (accused) have been charged under Sections 147, 148, 149, 307, 427, 504, 506, 440 of Indian Penal Code and Section 7 Criminal Law Amendment Act while two of them Uma Kant and his son Dinesh Yadav have also been charged under Section 3(i) of U.P. Gangsters Anti Social Activities (Prevention) Act, 1986 (U.P. Act No. 7 of 1986)(hereinafter referred to as the 'Act'. Heard Sri V.P. Srivastava, Senior Advocate assisted by Sri R.N. Yadav for the applicants, Sri M.L. Shukla, Addl. Government Advocate for the State and Sri Sanjeev Kumar Shukla for the complainant. The order is being bifurcated because under the Gangsters Act, there are special provisions of bail which need to be considered separately.
(3.) THE offences under the Indian Penal Code against all the five accused must first be considered. Sri Umakant Yadav is a Member of Parliament and Sri Dinesh Yadav is his son. Sri Umakant Yadav had purchased a piece of land in village Paliya Mafi Police Station Phoolpur Kotwali in District Azamgarh on 4-9-1998. He wanted to make construction over the land and some rooms were constructed thereon. In between this land and the road, there was the residential house of the complainant on the land purchased by his father vide registered deed dated 30-10-2006, which contained specific dimensions and precise details of the land purchased. Accused Sri Uma Kant wanted his house to be removed so that the constructions he had undertaken may acquire a road side frontage. The complainant, who was the owner of this house, refused to sell the house and the land of the house to Umakant and his efforts to acquire the same failed to fructify. This enraged Umakant Yadav and his son Dinesh Yadav, who demolished the house by a bulldozer on the night of 28-5-2007 around 12 O'clock. The remaining three accused-applicants were involved in the demolition process. In consequence, the house was flattened. The side plan of the spot, which is on the case diary, will make things clear. The complainant thereafter lodged an F.I.R. on 29-5-2007 at 5.20 a.m. at Police Station Phoolpur Kotwali, whereupon the case against the accused was registered. The trial Court rejected the bail of the five accused-applicants and thereafter they have come to this Court.;