Imran Ahmed vs State

H. Billappa, J.—The appellant/accused No. 22 has filed this appeal praying to enlarge him on bail in Special Case No. 52/2013 on the file of the Addl. Sessions Judge, Special Court for NIA Cases, City Civil Court, Bengaluru.

It is stated, the appellant is innocent of the offenses alleged against him. There is no material to link the appellant with the alleged crime. No incriminating material has been recovered from the appellant. The offences alleged are not punishable with death or life imprisonment. The appellant is permanent resident of Mysore. He is ready to furnish surety to the satisfaction of the court. Therefore, the appellant has prayed for grant of bail.

A case in Crime No. 384/2012 of Basaveshwarnagar Police Station has been registered for the offence punishable under Section 120B, 121, 121A, 122, 123, 153A, 307 and 379 of IPC and Sections 3 and 25 of the Arms Act, 1959, and Sections 10, 12, 13, 15 read with Sections 16 and 18 of the Unlawful Activities (Prevention) Act, 1967.

Subsequently, the investigation has been taken over by the National Investigating Agency and the case has been registered in RC 04/2012/NIA/HYD.

After investigation, charge sheet has been filed. In so far as the appellant is concerned, he is charge sheeted for the offences punishable under Sections 120B, 465, 466 and 471 of IPC and Section 18 of the Unlawful Activities (Prevention) Act, 1967.

The Trial Court has rejected the bail application of the appellant. Therefore, the appellant has preferred this appeal praying for grant of bail.

The learned counsel for the appellant contended that the appellant is innocent of the offences alleged against him and he has been falsely implicated in the case. There is no material on record to connect the appellant with the alleged crime. The offences alleged are not punishable with death or life imprisonment. The appellant is in custody since about two years. The appellant is ready to furnish surety to the satisfaction of the court. Therefore, the appellant can be granted bail. He placed reliance on the following decisions;

(1) CRL. A. No. 68/2015 (High Court of Jharkhand)

(2) CRL. A. No. 77/2015 (Patna High Court)

(3) CRL. A. No. 111/2015 (Patna High Court)

(4) CRL. A. No. 795/2013 (Andhra High Court)

(5) CRL. MISC. No. 46182/2012 (Patna High Court)

(6) 1998 (3) SCC 607

As against this, the learned SPP representing the respondent submitted that the Trial Court on proper consideration of the material on record and taking into consideration the gravity of the offence has rightly rejected the bail application of the appellant. Further, he submitted that the appellant is a Member of Terrorist Organization called Lashkar-E-Taiba. The appellant has entered into criminal conspiracy with the other accused to commit terrorist activities by targeting important personalities of Hindu community and Police Officers by using lethal weapons like Pistol and ammunitions. During the year 2010-11 when the appellant visited Bengaluru, he has held conspiracy meetings with the accused No. 13. When the appellant was at Riyadh, Saudi Arabia, the appellant was in close contact with A-16, A-19 and A-13 and other accused. The appellant has motivated A-7 to commit terrorist activities. It is alleged, the appellant has obtained passport for Mysore address by obtaining false voters ID card and has used it as a genuine document. The appellant was apprehended on 28.11.2013 in Flat No. 403, 4th Floor, ''Comforts Arizona'', Yelachenahalli, Kanakapura Raod, Bengaluru. When the Flat was searched mobile phones, pen-drives, Sim Cards and number of other documents including passports have been seized. The pen drives seized contain number of incriminating files having information relating to preparation of explosives using various types of chemicals and forms to prepare highly destructive explosives. It was with great difficulty, the appellant was arrested. If he is released on bail, it is likely he will abscond or tamper with the witnesses or hamper the trial. Therefore, the appellant cannot be granted bail. Further he submitted that in Criminal Appeal Nos. 226/2014 and 234/2014 the request of some of the accused for grant of bail has been rejected.

We have carefully considered the submissions made by the learned counsel for the parties.

The point that arises for our consideration is:

Whether the appellant is entitled for grant of bail?

It is alleged, the members of banned Terrorist Organizations Lashkar-E-Taiba and HUJi have hatched a criminal conspiracy to carry out target killings. The appellant being a member of Lashkar-e-Taiba has entered into criminal conspiracy with the other accused to commit terrorist activities by targeting important personalities of Hindu community and Police Officers by using lethal weapons. Further, it is alleged that on 29.8.2012 at about 12.30 pm., A1 - Shoaib Ahmed Mirja @ Chotu and A2 - Abdul Hakeem Jamadar, reached near the house of one Sri Seshachala for killing Sri Pratap Simha, who is a columnist of Kannada Prabha newspaper and who used to write articles against Muslim community. A1 and A2 were arrested and pistol and seven live rounds and other incriminating articles have been seized.

It is alleged, in the year 2010 - 2011 when A-22 visited Bengaluru, he held conspiracy meetings with A-13 Mohammed Shaheed Faisal @ Zakir @ Ustd. When the appellant was staying at Riyadh, Saudi Arabia, he was in close contact with A-16, A-19, A-13 and other accused. The appellant participated in the conspiracy meetings to carry out target killing. Further, the appellant motivated A-7 Mohammad Akram @ Khaled @ Imran khan for terrorist activities and he stayed with A7 in a rented flat for about 40 days in an apartment. It is also alleged, the appellant in the year 2011 obtained pass port fraudulently by enclosing forged voter ID card bearing false address of Mysore city. The forged voter ID card was obtained with the help of A-26, A-27 and A-28. The forged ID card is used as genuine documents. Further, it is alleged that on 28.11.2013, the appellant was apprehended at flat No. 403, 4th Floor, Comforts Horizon, Elechenahalli, Kanakapura road, Bengaluru. When search was made, mobile phones, pen-drives, sim card and number of documents including passport have been seized. It is alleged, the pen-drives seized contain hundreds of incriminating files having information relating to preparation of explosives using various types of chemicals and to prepare destructive explosives.

It is clear from the allegations made against the appellant that they are very serious in nature. It concerns the security of the State. There is prima facie case against the appellant regarding his involvement in the alleged crime. The learned SPP representing the Respondent submitted that it was with great difficulty the appellant was arrested. Having regard to the nature of allegations, the decisions relied upon by the learned counsel for the appellant will not help the appellant in any way. In the fact situation of this case, the appellant cannot be granted bail. The Trial Court has rightly rejected the bail application of the appellant. Therefore, the appeal deserves to be dismissed.

Accordingly, the appeal is dismissed.