NARENDRA NATH TIWARI,J. - (1.) IN this petition, the petitioner has prayed for cancellation of bail granted to the Opposite Party Nos. 2 and 3, namely, Sandhya Rani Mehta and Rukhsar Ahmad, in A.B.P. No. 167 of 2009 and A.B.P. No. 184 of 2009, respectively, by common order dated 4th April, 2009 passed by learned Additional District & Sessions Judge-VIII-cum-Special Judge, C.B.I., Dhanbad in connection with R.C. Case No. 1(s) of 2007, registered under Sections 120B, 323, 304 and 343 of the Indian Penal Code.
(2.) IT has been stated that the case was registered against the Opposite Party Nos. 2 and 3, who happen to be City Deputy Superintendent of Police and Officer-in-charge of police station, for custodial death of Manraj Tirkey, son of the petitioner. It has been alleged that on 22nd December, 2005 the police illegally took away said Manraj Tirkey and kept him in custody for several days. He was allegedly brutally assaulted and tortured by the City Deputy Superintendent of Police-Opposite Party No. 2 and Officer-in-charge of the police station-Opposite Party No. 3. When his condition started deteriorating, A.S.I., namely, Upendra Narayan Singh got the deceased hospitalized in Bokaro General Hospital on 28th December, 2005, where he died in course of treatment on 31st December, 2005. A writ petition, being W.P. (PIL) No. 1654 of 2006, was filed by one Mukti Tirkey, General Secretary of Adivasi Mahasabha in this Court. The said writ petition was finally disposed of on 22nd December, 2006, directing the Central Bureau of Investigation to enquire and investigate the case.
(3.) ON the basis of the aforesaid direction of this Court, C.B.I. registered a case under Sections 304 and 34 of the Indian Penal Code on 25th January, 2007 against three accused persons, namely, Sandhya Rani Mehta, Rukhsar Ahmad and Upendra Narayan Singh. The C.B.I. after investigation submitted charge- sheet against two accused persons, namely, Rukhsar Ahmad-Sub Inspector of Police and Upendra Narayan Singh-Assistant Sub Inspector of Police under Sections 120B, 323 and 343 of the Indian Penal Code, while clean-chit was given to accused Sandhya Rani Mehta-Opposite Party No. 2.;