KULDEEP SINGH SENGER Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The present application is filed under Sec. 430 read with Sec. 528 of Bhartiya Nagarik Suraksha Sanhita, 2023 ["BNSS"] read with Sec. 389(3) of the Code of Criminal Procedure, 1973 ["Cr.P.C."] by the appellant seeking suspension of sentence and release on bail during the pendency of Criminal Appeal No.539/2020 against the Judgment and Order passed by Ld. District and Sessions Judge, West, Tis Hazari Courts, Delhi ["trial court"]. Factual background

(2.) Prosecution case, briefly stated, is that on 4/6/2017, the minor daughter of Surender Singh @ Pappu Singh was enticed and taken to house of the appellant Kuldeep Singh Senger on the false pretext of getting a job where she was raped by him. Thereafter, on 3/4/2018, Surender Singh @ Pappu Singh and his co-worker Kishore were travelling to Unnao for the hearing of the rape case of his minor daughter, where they were allegedly brutally assaulted by the accused persons in broad daylight in village Makhi, Unnao. Subsequently, FIR No. 89/2018 was registered on a complaint by Shailendra @ Tinku Singh, asserting that Surender Singh @ Pappu was apprehended with a country-made pistol and four cartridges. Surender Singh @ Pappu Singh was arrested in case FIR No. 89/2018, on allegation of being in possession of illegal arms and he ultimately succumbed to multiple injuries suffered by him, while being in judicial custody. On the following day, FIR No. 90/2018 was registered on the complaint of PW-42 i.e. wife of the deceased, alleging that the appellant and his associates had assaulted the deceased and attempted to molest her minor daughters, and had exerted political pressure to shield the assailants.

(3.) Both FIRs were transferred to the Central Bureau of Investigation [CBI], which re-registered them as RC No. 9(S)/2018 and RC No. 10(S)/2018. The CBI conducted an extensive investigation, recorded statements of several independent witnesses and analyzed call-detail records. Upon completion of investigation, detailed charge-sheet was filed by CBI in the trial court.