DEEPAK DABAS Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner/Deepak Dabas has filed the present bail application under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') seeking interim bail for a period of 03 months in FIR bearing no.RC-06(S)/2021/CBI/SC-III/ND dtd. 10/9/2021 registered under Sec. 304/323/34 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') at P.S. CBI/SC-III/New Delhi.

(2.) Briefly stated relevant facts are that the FIR bearing no.0451/2021 dtd. 9/8/2021 was got registered under Sec. 302/323/341/34 IPC at P.S. Hari Nagar against Narender Meena, the then Deputy Superintendent (Chakkar), Central Jail-3, Tihar Central Prison, New Delhi and other officials including the petitioner for committing murder of undertrial prisoner (hereinafter referred to as 'UTP') namely Ankit Gujjar and also causing injuries to two other UTPs. Ankit Gujjar was stated to have died due to haemorrhage consequent upon cumulative effect of multiple blunt force injuries sustained to the body on 03/4/8/2021. The relatives of UTP Ankit Gujjar i.e. his mother, sister and brother preferred writ petition W.P. (Crl.) 1558/2021 seeking transfer of investigation to CBI and this Court vide judgment dtd. 8/9/2021 transferred the investigation arising out of FIR bearing no.0451/2021 to CBI. Accordingly, FIR bearing no. 0451/2021 was again registered vide RC no.06(S)/2021/CBI/SC-III/ND under Sec. 302/323/341/34 IPC at P.S. CBI/SC-III/New Delhi. The charge-sheet has already been filed on 2/7/2022 before the concerned court under Sec. 304/323/34 IPC and subsequently supplementary charge-sheet dtd. 15/9/2022 was also filed before the concerned court against 05 persons including the petitioner/Deepak Dabas, the then Assistant Superintendent, Tihar Central Prison, New Delhi.

(3.) The co-accused/Narender Meena preferred an application before the Principal District and Sessions Judge cum Special Judge (PC Act), Rouse Avenue Courts, New Delhi seeking transfer of the case to a different court which was ordered to be dismissed vide order dtd. 26/8/2023. The co-accused/Narender Meena preferred a Transfer Petition bearing no. TR.P. (CRL.) 112/2023 before this Court which was dismissed vide order dtd. 31/8/2023. The co-accused/Narender Meena preferred SLP (Crl.) no.12055/2023 before the Supreme Court to impugn order dtd. 31/8/2023 passed by this Court. The Supreme Court vide order dtd. 6/10/2023 ordered for issuance of notice to the respondents therein and directed the trial court to defer the proceedings against the co-accused/Narender Meena. The present petitioner was also arrayed as respondent no.5 in SLP (Crl.) no.12055/2023 filed before the Supreme Court.