VISHAL SINGH Vs. CBI

JUDGEMENT

(1.) PRESENT petition has been filed seeking regular bail in Case RC No. 3(S)/2003/CBI/SCB-II registered under Section 120B read with Sections 302/307/326/506(ii) IPC.

(2.) MR. Neeraj Kumar Jain, learned senior counsel for petitioner submits that three witnesses namely, MR. Suresh Kumar Singh, MR. Shiv Prasad Tiwari and MR. Anirudh Prasad Rai-Jailor of Gyanpur Jail who had made allegations against the petitioner in 161 Cr. P.C. statements to the Central Bureau of Investigation have not supported the case of prosecution and have turned hostile. He further states that despite the said witnesses having been declared hostile and subjected to cross-examination, they have not leveled any allegation against the petitioner. Consequently, he submits that it is a case of no evidence against the petitioner and petitioner deserves to be enlarged on bail. He also points out that petitioner, who is a police official, has been in custody for nearly seven years.

(3.) IT is the case of Central Bureau of Investigation that Mr. Udai Bhan Singh did not want the deceased eyewitness to the triple murder case to depose against him and therefore, when the deceased refused to accept bribe of Rs.5,00,000.00, Mr. Udai Bhan Singh at that time lodged in Gyanpur Jail entered into a criminal conspiracy when many other co-accused including the assailant Mr. Santosh Kumar Singh @ Tinkoo and the present petitioner to have the deceased assassinated. IT is pertinent to mention that now Mr. Udai Bhan Singh stands convicted right uptil the Supreme Court in the triple murder case.