Nirmaljit Kaur, J. - (1.) BOTH the present bail applications shall stand disposed of by this common order as they arise out of the same FIR.
(2.) THE prayer in the present petitions is for grant of bail under Section 439 Cr.P.C. The petitioners have been arrested in connection with FIR No. RC.7(5)2011 -SC.1/CBI/New Delhi registered at Police Station C.B.I., New Delhi for offence under Section 120 -B read with Sections 364, 302, 201 of the IPC and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The matter relates to the abduction and subsequent killing of a lady Bhanwari Devi wherein three charge -sheets were filed by the C.B.I. in quick succession to each other. A missing report was lodged by her husband Amar Chand before the Police Station Bilara, District Jodhpur. Subsequently, Amar Chand registered another FIR alleging the involvement of one of the sitting MLA and a Cabinet Minister in abduction of his wife and it was also apprehended that she had been killed. The Investigation was handed over to the C.B.I. by the State Government and the first charge -sheet was filed whereby certain accused persons were arrested and forwarded to the Magistrate. The story as disclosed by the C.B.I. was that Bhanwari Devi was abducted and killed by the accused -persons for monetary considerations. Accused Paras Ram, petitioner in Bail Application No. 6926/2014 was called for interrogation by the C.B.I. on 2.12.2011 and arrested on the spot. One other accused person, namely, Mahipal Maderna was also arrested on the same date. The allegations against Mahipal Maderna were confined to a sleaze CD having explicit sex contents with the deceased and it was stated that she was murdered because of the blackmailing being done by her and by extending threats for exposing the said accused. The real elder brother of the petitioner -Paras Ram, namely Malkhan Singh was a sitting MLA (INC) from Luni Constituency, Jodhpur and subsequently, he was also arrested on the allegations that he had illicit relations over the years with the deceased and having fathered a girl child from such relations, he was being threatened by the deceased for exposing his name in the general public and as such to get rid of the threats, a conspiracy was hatched to get her killed.
(3.) EARLIER , the petitioner -Paras Ram had filed S.B. Criminal Misc. Bail Application No. 5891/2012 under Section 439 Cr.P.C. before this Court which was dismissed by the learned Single Judge of this Court vide order dated 23.8.2012 on merits.;