SATYAM PATEL @ ROCKY Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Arun Sinha, learned counsel for the applicant and Mr. Anurag Kumar Singh, learned counsel for the CBI.

(2.) This is an application for bail under Sec. 439 Code of Criminal Procedure with respect to Sessions Trial No. 977 of 2017 (Crime No. 52 of 2017), R.C. No. 0532017S0004, under Ss. 302, 120-B, 201 IPC, Police Station CBI/ACB, District Lucknow.

(3.) Facts of the case are that one Ayush Sahu son of Shrawan Sahau was allegedly killed by Akeel Anasari and Azeem @ Babu on 16/10/2013. An F.I.R. was lodged by the deceased's father Shrawan Sahu wherein charge-sheet was filed against the aforesaid persons and others in 2014. Shrawan Sahu, father and informant was pursuing the said case. Akeel Ansari who allegedly has a criminal history of 17 cases hired contract killers allegedly belonging to Munna Bajrangi gang to kill Shrawan Sahu but before they could carry out the crime, the shooters were caught and a case Crime No. 57 of 2016, under Ss. 307, 115, 120-B IPC against Akeel Ansari and others was lodged at Police Station Saadatganj, District Lucknow. Charge-sheet was also filed against the accused in the said case. As per the prosecution story, Akeel Ansari, who was on bail used to threaten Shrawan Sahu with dire consequences, if he continued to pursue the case involving the murder of his son Ayush Sahu. The accused Akeel Ansari on 12/1/2017 put a weapon on Shrawan Sahu's neck and again threatened him not to do pairvi of the said case. This led to lodging of an F.I.R. at case Crime No. 9 of 2017, under Ss. 147, 506 IPC against Akeel Ansari and others by Shrawan Sahu. It is said that on 9/1/2017 the applicant herein Satyam Patel @ Rocky was arrested by the police of Police Station Thakurganj in connection with a criminal case in which charge-sheet was filed under Sec. 3/25 Arms Act read with Sec. 419 IPC. One country-made pistol with two live cartridges were recovered. The applicant was released on bail on 13/1/2017 in the aforesaid case under Arms Act, etc. and two persons, namely, Chand Babu and Mohd. Shabi Ansari stood surety for him. These two persons according to the prosecution were asked by Akeel Ansari to stand surety for the applicant for securing bail.