Court said Shah can misuse his political power to hamper investigation by winning over the witnesses.
Amit Shah received a set back in connection with the Sohrabuddin Sheikh fake encounter case after the designated CBI court rejected his bail application on Friday evening.
The court said Shah cannot be given bail as he can misuse his political power to hamper the investigation by winning over the witnesses or issuing threats to them.
GK Upadhyay, designated CBI judge, pronounced the order in the open court on Friday evening, more than one-and-a-half month after Shah filed the bail plea in the court.
In the 44 page order, the judge said that taking into consideration the facts and circumstances of the case, there are 'eye catching' evidences against Shah in the form of statements recorded by CBI under sections 161 and 164 of Criminal Procedure Code (Cr.PC).
The judge further observed that looking at the conduct of the applicant (Shah) during the crucial stage of investigation, if he is released on bail there is a likelihood that he may misuse his political power as well as his good offices to hamper the investigation by winning over the witnesses or issuing threats.
The judge also mentioned that permission to release Shah on bail is not good for the judiciary. "It is not a fit case to let the applicant (Shah) go scot-free to achieve his ulterior goal which will in turn prove to be a dent on the judiciary of the state as well as of the nation," the order said.
Shah, the former minister of state for home and a close aide of chief minister Narendra Modi, was arrested by CBI on July 25, 2010 in connection with the fake encounter case and was charged with murder, extortion and kidnapping.
The bail application was filed on July 26, a day after his arrest. Senior counsel Ram Jethmalani represented the case of Shah, while KTS Tulsi appeared for the CBI. Four IPS officers have also been arrested in the case so far by the probe agency. The role of the then investigating officer in the Sohrabuddin case, Geeta Johri is also under scanner.
Sohrabuddin was killed on the outskirts of the city in a joint encounter by Gujarat and Rajasthan police in November 2005, Later his wife Kauser Bi was also allegedly murdered.
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