JEEVAN KUMAR RAUT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Present Application has been filed for grant of regular bail under Ss. 420, 342, 370 and Sec. 120B of the Indian Penal Code, 1860 in connection with the Case Crime No.256 of 2017, registered at police station Doiwala, District Dehradun.

(2.) The First Bail Application (No.792 of 2019) was dismissed on 12/9/2019. Applicant had preferred a Special Leave Petition (CRL) No.498 of 2021 (Diary No.19430 of 2020) challenging the said rejection order dtd. 12/9/2019. The Hon'ble Supreme Court dismissed the said petition as withdrawn on 18/1/2021 granting liberty to approach the High Court. The Second Bail Application (No.14 of 2021) was treated as Short Term Bail Application. Applicant was granted Short Term Bail on 30/9/2022 for a period of thirty days on the ground of his health problem.

(3.) As per the case of the prosecution, Omveer Singh Rawat, Station House Officer, got an information at about 2:20 a.m. on 11/9/2017 that in Gangotri Charitable Hospital (run in the premises of Uttaranchal Dental Institute Complex) a criminal activity of removal of kidney is being carried out. He also received an information from the Haridwar police that the persons whose kidneys were removed in the said hospital were being taken to Delhi in an Innova vehicle (Registration No. UK08TA5519). The said vehicle was checked by the police. Apart from the driver Deepak Kumar, two men and two women were found sitting in the said car. They were residents of different places. Police interrogated Bhavji Bhai (PW3), Shekh Taj Ali (PW6), Smt. Krishna Das (PW4) and Sushma Banerji (PW8), who were sitting in the said car. During interrogation, police came to know that they had reached the said hospital through Mohd. Javed Khan (co-accused). They (PW3, PW6, PW4 and PW8) were told that they would receive money and get jobs in Arab country. The First Information Report was registered on 11/9/2017. Upon conclusion of the Investigation, charge-sheet was filed. Charges were framed on 24/12/2019.