ABDUL MAJID BHATT Vs. STATE OF DELHI

JUDGEMENT

(1.) The applicant seeks bail under Section 439, Cr.P.C. His first application was rejected by the trial Court on 20-5-2006. He is charged with commission of offences under Sections 489C/120B/307/353/186/34 IPC, 1860 and 25/27/54/59 Arms Act and under Section 3/5 Explosive Substances Act.

(2.) According to the prosecution version, secret information was received by SI Ravinder Kumar Tyagi about movement of Kashmir-based militants who were allegedly trying to build a terrorist base in Delhi and launch a terrorist attack. According to the information, the Police arranged a raid on the forwarned date i.e 02/07/2005. At about 12.45 AM, a blue-coloured Tata Indica car was seen coming from Gurgaon border side. The police signaled it to stop; however, it sped away. The police chased it and ultimately managed to stop it near Randhawa Far House, Village Samalkha within the jurisdiction of P.S. Kapashera. The four accused persons sitting in the car were finally arrested after an ambush between them and the police.

(3.) Learned counsel argued although according to the prosecution version the accused was arrested on 11th July, 2005, but in reality the applicant was apprehended by the Special Cell on 8th July, 2005 from his residence at Srinagar. Learned counsel argued that this is substantiated by the IO's statement in the application requesting for permission to destroy the hand grenade. It was averred that the petitioner was arrested from Srinagar on 8th July, 2005. This is further corroborated by the application filed by Ms. Rohan Ara, wife of the accused before SSP, Srinagar on that date.