SANJEEV MAHESHWARI Vs. CBI

JUDGEMENT

(1.) By way of the present petition, filed under Sec. 439 Cr.P.C. petitioner seeks directions thereby releasing him on bail in case FIR No. RC/8(S)/06/CBI/SCB -II/New Delhi registered at CBI/SCB/New Delhi for the offences punishable under Ss. 147/148/149/302/307/404/120B IPC pending before the Trial Court in Sessions Case No. 02/2013.

(2.) Ld. Counsel appearing on behalf of the petitioner submitted that petitioner has never been associated with Mukhtar Ansari and his brother namely Afzal Ansari in any manner or in any other case. There is no motive for the petitioner to commit murder of Krishnanand Rai, the then MLA from Ghazipur, UP and his companions. There is no mention about the petitioner in the first chargesheet and supplementary chargesheet dated 21.02.2006 and 20.03.2006 respectively. It was the only in the third supplementary chargesheet dated 31.08.2006 which was hurriedly filed by CBI when the investigation was handed over to it on 23.05.2006 and the aforesaid RC was registered on 22.07.2006.

(3.) Ld. Counsel further submitted that the statements of the witnesses were fabricated at the belated stage, i.e., after about 9 months of the alleged incident. On the basis of his alleged disclosure statement, the petitioner was falsely roped in this case during his custody in another false case fabricated by Delhi Police in collusion with STF U.P. Police under Arms Act in which the petitioner has been acquitted.