SANJEEV KUMAR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The petitioner, who is named as one of the accused in FIR No. 174 dated 23.5.2003, under Sections 406/420/386/506/120-B of the Indian Penal Code read with Sections 25/27 of the Arms Act earlier registered in Police Station, Civil LInes, Amritsar, has filed the present application for grant of anticipatory bail. In relation to the FIR, which was registered on the basis of an application moved by Hon'ble Mr. Justice Ajit Singh Bains (Retd.), Chairman of the Human Rights Organisation, Civil Writ Petition No. 8521 of 2003 was filed in this Court for transfer of investigation to the Central Bureau of Investigation and after requisite orders had been passed in this regard, respondent No. 1 registered case No. RCI(S)/2003/SIU-V/SIC, II/CBI, New Delhi.

(2.) Respondent No. 2, who is evidently one of the star witnesses, during the investigation of the case, had given a statement to the police of Amritsar district and subsequently her statement was recorded by the Chief Judicial Magistrate, Amritsar. In both these statements, she had evidently implicated the petitioner and on this account he had moved Criminal Misc. No. 54633-M of 2003 before this Court. this Court had, after giving the following facts :-

(3.) The petitioner evidently did not comply with the order and instead after a lapse of about three months moved another application before the Sessions Judge, Patiala for anticipatory bail. Upon dismissal of the said application vide order dated 20.4.2004, the petitioner has filed the present petition and along with the same had appended an affidavit of Neelam Sidhu respondent No. 2 in which she denied having made allegations against the petitioner and other co-accused before the Chief Judicial Magistrate as well as the Amritsar police and the Central Bureau of Investigation during the initial stages of the investigation.