NISAR KHAN Vs. CBI

JUDGEMENT

(1.) Heard the learned counsel for the petitioners as well as the learned Special Public Prosecutor for CBI so also counsel for the complainant and perused the material on record.

(2.) Both these bail applications arise out of a common FIR, hence are decided by this common order.

(3.) The contention of the petitioners is that in the present case, the complainant has been made accused, deceased Darlya died on 23.10.2006, in an encounter at Jaipur-Ajmer Road at 6.00 AM, Rajesh Choudhary was the complainant and it has been specifically stated in the First Information Report that Dariya and one other person were travelling in a bus on Seat No. 10 and 11 they were took down from the bus by S.O.G. Team. Dariya was a proclaimed offender and prize was also declared on him, SOG has tried to bring them but after getting down from the bus, they ran away and also fired on SOG Team and in cross-firing one person Dariya has died. After giving it political colour, wife of the deceased has lodged a complaint on which Investigation was handed over to CBI. The case of CBI is based on circumstantial evidence and assumption has been drawn without any basis that Dariya has been handed over to SOG on 22.10.2006, he has been confined secretly and thereafter liquidated somewhere by the S.O.G. A story of encounter has been coined. Present petitioners have been Implicated only on the basis of call details that they were found in the vicinity of Raghav Ji Das Ki Dhani where deceased was kept secretly after handing over it to S.O.G. S.O.G. has liquidated him which has been given the colour of fake encounter.