SUBHASH Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Chaturvedi, J. Heard Sri G. S. Chaturvedi, Senior Advocate, assisted by Sri Ramesh Sinha, Sri K. K. Dwivedi, Sri R. P. Dwivedi, Sri A. K. Awasthi, Sri Manish Tiwari and M. L. Srivastava, for the ap plicant and the learned AGA.

(2.) FIRST bail application for the ap plicant was rejected by this Bench on 5-7-1999. This second bail application has been filed by the applicant on the new ground that Rakesh Kumar Paliwal, inves tigating officer of case Crime No. "725 of 1999 under Sections 147,148,149,307,302 and 506, IPC, PS Sector 20, Noida, District Gautam Budh Nagar was highly inimical to the applicant and used to demand illegal money from the applicant and harass him on one count and on the other and when the applicant refused to oblige Paliwar then on 25-10-1997 the applicant was taken from the house by the police of police station section sector 24 Noida in which Rakesh Kumar Paliwal was the then station house officer and the applicant was illegally detained by Rakesh Kumar Paliwal and his signatures were also forcib ly obtained by the station house officer in which he was required to pay Rs. 1,20,000 to one Smt. Sushama otherwise he would be implicated in false criminal cases and would be sent to jail. The applicant made application to the SSP Gautam Budh Nagar against Rakesh Kumar Paliwal on 27-10-1997 and 28-11-1997 respectively and also sent compliant to the higher authorities including Chairman, Human Rights Commission New Delhi and the Director General of Police U. P. Lucknow (Photo copy of the receipts is Annexure No. 4 ). This fact has been averred in para graph Nos. 10 to 16. Since personal allega tions have been made against Rakesh Kumar Paliwal, investigating officer and the SSP Gautam Budh Nagar. On 22- 12-1999, learned AGA was directed to file counter- affidavit of Rakesh Kumar Paliwal, investigating officer of case crime mentioned above and the SSP Gautam Budh Nagar. On 13-9-2000 Rakesh Kumar Paliwal investigating officer filed counter-affidavit but no counter-affidavit on behalf of SSP Gautam Budh Nagar was filed then three weeks and no more was allowed to learned AGA to file counter- affidavit of SSP Gautam Budh Nagar but no counter-affidavit has been filed even today.