MD. ASLAM Vs. UNION OF INDIA

JUDGEMENT

(1.) Instant petition has been filed for modification of order dtd. 19/1/2023 passed by this Court in B.A. No.10628 of 2022 arising out of Barhi P.S. Case No. 0059/2022, dtd. 7/2/2022 for the offence under Ss. 147, 148, 149, 341, 323, 302, 109, 120B of the IPC, by which regular bail application of the petitioner was rejected.

(2.) It is submitted by the learned counsel on behalf of petitioner that his earlier bail application has been rejected mainly on the ground that Diwakar Pandey @ Diwakar Kumar had stated in his statement under Sec. 164 of the Cr.P.C. regarding the complicity of this petitioner in the offence. However, in the statement of Diwakar Pandey which has been annexed the name of this petitioner does not appear.

(3.) It is submitted that investigation has been taken over by the C.B.I. 16/9/2022, however, no investigation has been done by the C.B.I. and counter affidavit has been filed only on the basis of the investigation earlier conducted by the general police. The petitioner is languishing in jail custody for one year and charge sheet has not been submitted.