Jayram Prasad vs Union Of India

Heard Mr. Abhay Shankar Dayal, learned counsel for the petitioner and Ms. Nitu Sinha, learned counsel appearing for the CBI.

The petitioner is an accused in connection with RC SI 2019 S 0001,CBI, SC. I, New Delhi.

It has been alleged that on 23.06.2017 the informant along with his family members were sitting in their house at about 9:30 P.M. when the Officer-in- Charge of the Piparwar Police Station along with ASI Prem Kumar Mishra, Armed Guard Ravi Ram and five others police personnel came in Scorpio vehicle and inquired about Md. Salman the son of the informant. It has further been alleged that the police officials forcibly entered into the room and disclosed that Md. Salman was required to be interrogated and when Md. Salman came he was caught hold by the Officer-in-Charge and ASI who started assaulting him. They had subsequently taken out his son from the house and on their direction the son of the informant was shot at which led to his death. The informant and his family members and neighbors rushed the son of the informant to the hospital where he was declared dead.

The petitioner is attributed to be one of the police personnel present at the place of occurrence. It appears that the main allegation has been levelled against ASI Prem Kumar Mishra and co-accused Ravi Ram. The said Prem Kumar Mishra has been granted anticipatory bail by this Court in A.B.A. No. 1212 of 2020. The Officer-in-Charge of Piparwar Police Station namely Binod Kumar Singh has also been granted anticipatory bail in A.B.A. No. 1833 of 2020. The petitioner is in custody since 29.02.2020.

Regard being had to the aforesaid facts, the petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate-cum-Special Judicial Magistrate, C.B.I., Ranchi in connection with RC SI 2019 S 0001,CBI, SC. I, New Delhi.