Jawahir Mallah vs State of U.P.

S.K. Agarwal, J.—Heard learned Counsel for the applicant and learned A.G.A.

It is contended by the learned Counsel for the applicant that the applicant has been falsely involved in cases after cases by the police of P.S. Mohammadabad, district Ghazipur, and his house and land were forcibly occupied by the police of P.S. Mohammadabad to establish an out-post. He has filed a suit for their eviction and that suit is pending since 1988 as Suit No. 77 in the Court of Ist Additional Civil Judge (Jr. Divn.), Mohammadabad, district Ghazipur.

The claim of K. D. Azad, Sub-Inspector of P.S. Mohammadabad, who has filed a supplementary counter-affidavit today, is that he was recently posted in the concerned police station and was not aware of these facts. It may be true, but it was also his responsibility, once there is allegation in the bail application, to verify these facts from other Senior Police Officers. However, so far as this S.I. is concerned, no action is required against him, but the matter is directed to be looked into by the Director General of Police, U.P., Lucknow, and if any high-handedness on the part of the police of P.S. Mohammadabad is found by him, suitable action be taken against those officials who were responsible for forcible occupation of the premises belonging to the applicant. The Director General of Police will report back to this Court within a period of eight weeks, what action has been taken by him in this matter. He is directed to depute a Senior Officer to examine the facts. Although the case is pending in the Court of Civil Judge, but that will not come in the way of his taking suitable action against the officials responsible for forcible occupation of the premises of the applicant, if he comes to the conclusion that it was a fact that for establishing a police out-post, the premises and land of the applicant have been occupied forcibly.

In view of the above facts and circumstances, the applicant is entitled to bail. Let, therefore, the applicant, involved in Case Crime No. 644260 and 541 of 2000 u/s 8/21 of the N.D.P.S. Act, P.S. Mohammadabad, district Ghazipur, be enlarged on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Chief Judicial Magistrate, Ghazipur.

Let a copy of this order be sent to the Director General of Police, U.P., Lucknow, within 3 days.