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RAJAN ROY
Satyam Patel @ Rocky – Appellant
Versus
Union Of India Through C. B. I. – Respondent
JUDGMENT :
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 Section 439 Code of Criminal Procedure with respect to Sessions Trial No. 977 of 2017 (Crime No. 52 of 2017), R.C. No. 0532017S0004, under Sections 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 Sections 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,
The heinousness of the offense, evidence available on record, and the accused-applicants' criminal history were central to the court's decision in rejecting the bail applications.
The court ruled that the applicant, as the prime accused in serious offences, cannot be granted bail due to the risk of trial tampering and his history of absconding, despite delays in the trial proc....
The conduct of the accused, including making calls to witnesses and their subsequent turning hostile, raised strong presumption against the accused, influencing the court's decision to dismiss the ba....
The main legal point established in the judgment is that the grant of bail was influenced by the lack of specific allegations, absence of corroborative evidence, and inconclusive electronic evidence ....
Though liberty is a greatly cherished value in life of an individual, it is a controlled and restricted one and no element in society can act in a manner by consequence of which life or liberty of ot....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
Insufficient prima facie evidence to link the applicant to organized crime syndicate warrants bail under MCOCA's stringent conditions.
The court established that in cases involving serious charges such as murder and conspiracy, the burden is on the applicant to demonstrate why bail should be granted, especially in light of substanti....
The severity of the crime, the criminal record of the applicant, and the possibility of influencing witnesses are significant factors in determining bail eligibility.
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