MANOJ KUMAR Vs. C.B.I. SIC-II

JUDGEMENT

(1.) IN this application under Section 439 of the Code of Criminal Procedure, the petitioner has come up with a prayer to release him on regular bail in the case, FIR No. 308 dated September 5, 2001, Police Station Civil Lines, Karnal and C.B.I. No. RC-1(S)/2002-S/U-(V)/SIC-II/CBI, New Delhi under Sections 364/302/201/120-B Indian Penal Code dated 14.1.2002. The petitioner was arrested on April 16, 2004 and is in judicial custody since then.

(2.) ON September 5, 2001, Smt. Hardevi Wadhwa wife of Daulat Ram Wadhwa (since deceased) made a complaint upon which FIR No. 308 under Section 364 Indian Penal Code in P.S. Civil Lines, Karnal was registered, which, as translated by the petitioner, reads as follows :-

(3.) MEANWHILE , the informant Smt. Hardevi Wadhwa approached this Court by way of Criminal Misc. No. 44883-M of 2001 in which she while expressing her dissatisfaction in relation to the investigation carried out by the local police, sought a fresh investigation of the case by the Central Bureau of Investigation (for short CBI). This petition was decided by this Court on December 7, 2001 with a direction to hand over the investigation of the case to CBI. Consequently, the CBI registered the case under Sections 364/302/201/120-B Indian Penal Code, as referred to in the opening paragraph of this order.