New Delhi [India], July 10 (ANI): The Delhi High Court on Friday issued notice to the CBI on the regular bail plea of former Uttar Pradesh Police inspector Jagat Narayan Singh, who was arrested in the 2021 death case of businessman Manish Gupta in Gorakhpur.
The High Court sought a status report and listed the matter for hearing on August 13.
This matter pertains to the alleged thrashing of Manish Gupta by Uttar Pradesh policemen in a Gorakhpur Hotel in September 27, 2021. He allegedly died of the injuries. The investigation was transferred to the CBI and the trial was transferred to New Delhi on the order of the Supreme Court in view of policemen being accused in the matter.
Accused Jagat Narayan Singh approached the High Court through advocate Kanhaiya Singhal for regular bail. Justice Manoj Jain issued a notice to the CBI and sought a response. Nominal roll has also been called.
Advocate Ripudaman Bhardwaj accepted the notice and sought time to file a status report.
Six policemen are accused in this case. One of them challenged the order on charges passed by the trial court in January 2023. The High Court had dismissed the plea moved against the framing of charges in September 2023.
Jagat Narayan Singh moved a petition seeking the setting aside of the order on charge of January 9, 2023 and the formal order on charge of January 13, 2023, whereby charges under section 302, 323, 325, 201, 218, 149, 34, 120B of the IPC were framed against him.
Justice Jasmeet Singh had dismissed the petition stating, “I am of the view that the learned Special Judge has correctly appreciated the facts in issue and the law on the subject and has also rightly sifted and weighed the material placed before him.”
“Keeping in view the totality of the circumstances for the limited purposes of charge, I find no reason to interfere with the order on charge 09.01.2023 and formal order on charge of 13.01.2023. The petition is dismissed,” said Justice Singh in a judgement passed on September 27.
The High Court had referred to the post-mortem report of deceased Manish Gupta and said that there is nothing on record in the post-mortem report which states that the injury inflicted upon the deceased was “not” sufficient to cause death in the ordinary course of nature. Regardless, the Revisionist will have an opportunity to cross-examine the doctors on their opinions.
“In the present case, the injury which was inflicted was on the head of the deceased, which is a sensitive and vital part of the body. Consequently, any forceful impact or injury to the head may culminate in the death of an individual,” the high court had said.
An FIR on 29.09.2021 was registered against SHO Jagat Narayan Singh, SI Akshaya Mishra, SI Vijay Mishra and three other police officials on the complaint of Meenakshi Gupta (wife of deceased Manish Gupta).
As per CBI, on September 27, 2021, the deceased Manish Gupta, along with two other people, checked into Hotel Krishna Palace, Gorakhpur. In the intervening night of September 27 and 28 2021 at about 12:00 am, the Revisionist, along with other accused police officers, including SI Akshay Kumar Mishra, Constable Prashant Kumar, and Head Constable Kamlesh Singh Yadav, arrived at the hotel.
Upon inquiring with the Hotel Manager (Aadarsh Pandey), the accused persons were informed that room No. 512 was occupied by three individuals from different districts of Uttar Pradesh and Haryana. This prompted them to check the room. They knocked on the door, which was then opened by Harbir.
Upon entering the room, Singh requested Harbir to provide his identity card and explain the purpose of his visit to Gorakhpur. Harbir presented his own ID and the ID of Pradeep Kumar, who was asleep at the time, and requested that the deceased, Manish Gupta, also show his ID to them.
It is alleged that Singh asked the occupants of the room to go with them to the police station for further inquiry. In between, the deceased Manish Gupta called his friend Durgesh Vajpai for help.
It is further alleged that Harbir and Manish were abused and beaten by the accused persons, namely Jagat Narayan Singh, SI Akshay Kumar Mishra and Constable Prashant Kumar. When the deceased Manish Gupta protested from being taken out of the room, Singh allegedly pushed the forehead of the deceased against a wall, as a result of which he lost consciousness and fell on the floor, face first. Efforts were made to bring the deceased back to consciousness, but he did not move.
Subsequently, with the help of the hotel staff, the deceased was brought from his room to the ground floor, and Singh, along with other police officials, took him to the hospital, where he was declared dead.
After an initial investigation of this case by SIT, Gorakhpur, the investigation was transferred to SIT Kanpur on November 02, 2021. The UP government issued a notification on October 22, 2021, for transferring the investigation to the CBI.
Accordingly, on November 02, 2021, the CBI registered the present RC and filed a chargesheet against the Revisionist for the offences under sections 302, 323, 325, 201, 218, 149, 34, 120B IPC.
Trial Court ordered the framing of charges under sections 302, 323, 325, 506, 218, 201 read with 34, 120-B, 149 of IPC against the Revisionist Jagat Narayan Singh and on January 13, 2023, charges were framed against Jagat Narayan Singh, including under section 302 IPC. The trial court is recording the Prosecution evidence. (ANI)
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