- (1.) This bail application has been filed by the accused petitioner under section 439 Cr.P.C. against the order dated 16.12.2011 passed by Sessions Judge Jaipur District Jaipur rejecting the bail application of the accused petitioner in FIR No. CBI Case RC 2(s) 2010- SCU. V/ SC-II/ CBI New Delhi under sections 120 B IPC read with sections 302, 364, 346, 201 and 218 IPC and substantive offences thereof FIR No. 396 of 2006 of Police Station Mansarovar, Jaipur City (East) Jaipur (Raj.).
(2.) Brief facts of the case in nutshell are that the Hon'ble Supreme Court of India passed an order on April 9, 2010 in Special Leave petition (Crl.) No. 3212 of 2008 filed by Smt. Sushila Devi who is wife of late Dara Singh with respect to FIR No. 396/2006 dated 23.10.2006 Police Station Mansarovar in which she had alleged that her husband Dara Singh was killed in a fake encounter by the police officials of Special Operation Group of Jaipur on 23.10.2006. In the petition the wife of deceased Dara Singh prayed that the matter of killing of deceased Dara Singh should be investigated by the CBI. The Apex Court passed the following order : "Heard learned counsel for the parties. On the facts of the case, we direct the CBI to hold an investigation in respect of the offence alleged. The criminal misc. petition is disposed of accordingly. In view of this, no orders need be passed on the applications for impleadment and they are also disposed of. "
(3.) On 23.4.2010 in view of the directions of the Apex Court, the CBI New Delhi registered the FIR No. CBI Case RC 2(S) 2010- SCU, V/ SC-II/ CBI New Delhi under section 120 B read with sections 302, 364, 346, 201 and 218 IPC and substantive offences thereof and investigation was started. Initially four accused persons, who were the parts of the encounter team namely Nisar Khan, Naresh Sharma, Surendra Singh and Satyanarain Godara were arrested on 11.3.2011. Notice under section 160 Cr.P.C. was given to the petitioner by the CBI on 15.5.2011 and the same were also issued to the other co-accused namely A.K.Jain, ADGP, Arshad Ali, Addl. S.P. Only the petitioner appeared before the CBI. During the course of investigation the CBI arrested the accused petitioner on 15.5.2011. Thereafter the petitioner moved an application before the trial court which was dismissed on 16.12.2011.;