NARESH VISHNU CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) [1.0] Present Criminal Miscellaneous Application under Section 439 of the Code of Criminal Procedure has been preferred by the applicant Naresh Vishnu Chauhan, the then Sub -Inspector, Anti Terrorist Squad, Ahmedabad original accused No.13 for releasing him on bail in connection with the complaint being C.R. No.I -5/2005 registered with ATS Police Station, Ahmedabad.

(2.) [2.0] Background of the facts and chronological events which are important and necessary for deciding the present bail application are as under:

(3.) [3.0] It appears that thereafter pursuant to the order passed by the Hon'ble Supreme Court dated 12.01.2010 in Writ Petition (Criminal) No.6/2007 directing the Central Bureau of Investigation to investigate into the matter of fake encounter of Sohrabuddin and missing of his wife Smt. Kausarbi, CBI, SCB, Mumbai registered FIR No.BS 1/2/2010/0004 [RC 4(5) 2010 MUM] on 01.10.2010 and after the investigation, Chief Investigating Officer, Superintendent of Police, CBI:SIT: Gandhinagar has filed supplementary chargesheet against in all 15 accused and so far as the applicant is concerned, for the offences under Section 120B read with 364, 365, 368, 341, 342, 302, 384 and 201 of the Indian Penal Code. That thereafter the applicant original accused No.13 again approach the learned Special Judge, CBI Court No.4, Ahmedabad for releasing him on bail being Criminal Miscellaneous Application No.65/2010 and by judgment and order dated 20.04.2010, the learned Judge, CBI Court has rejected/dismissed the said application looking to the nature of allegation, seriousness of offence and the role attributed to the applicant. Hence, the applicant original accused No.13, the then Sub -Inspector, ATS, Ahmedabad has preferred the present application under Section 439 of the Criminal Procedure Code for releasing him on bail.