SABBIR AHMED GULAMKHAN NAGORI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application for regular bail filed under Sec. 439 of Code of Criminal Procedure is brought in connection with FIR No. 11217030210939 of 2021 dtd. 27/8/2021 registered before Siddhpur Police Station for the offences punishable under Ss. 3(1)(i), 3(1)(ii), 3(2), 3(3) and 3(4) of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (for short "GUJCTOC Act").

(2.) It is the case of the petitioner that in connection with the aforesaid First Information Report, the petitioner was arrested on 28/8/2021, produced before the Special GUJCTOC Court, Mirzapur, Ahmedabad on 29/8/2021 and since then, the petitioner is in jail.

(3.) On account of such arrest, an application for seeking regular bail was filed under Sec. 439 of the Code of Criminal Procedure before the learned District and Sessions Court, at Ahmedabad which was registered as Criminal Misc. Application No. 3953 of 2021, which came to be rejected vide order dtd. 6/1/2022. It is further the case of the petitioner that earlier the petitioner had filed an application for regular bail before the stage of filing of the charge sheet being Criminal Misc. Application No. 17532 of 2021 which was permitted to be withdrawn with liberty to file after filing of the charge sheet and the said order was passed on 26/10/2021. It is the case of the petitioner that he is arraigned in the present FIR on the basis of past two cases which were registered before the Siddhpur Police Station being C.R. No. I-2 of 2016 and C.R. No. II-98 of 2016 and by detailing out the offences for which such complaints were lodged in a tabular form in paragraph 6. It has been submitted that the petitioner was not named in the FIR in the first case whereas, in second case there is no specific allegation and as such, in present FIR, the petitioner may be enlarged on regular bail since now the charge sheet has already been submitted. Hence, the present application.