IDRISH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This application is filed under Sec. 439 of the Code of Criminal Procedure for regular bail in connection with F.I.R. being CR. NO. 11206020202700 of 2020 registered with Kadi Police Station, District Mahesana for the offence punishable under Ss. 3(1)(ii), 3(2), 3(3), 3(4), 3(5) of the Gujarat Control of Terrorism and Organized Crime Act 2015.

(2.) Learned advocate for the applicant submits that applicant was arrested on 11/1/2021 and the investigation is over and charge-sheet is filed. He submits that the applicant is not a member of any gang neither acted as one ever nor is the member of any terrorist organization. The applicant was never arrested or suspected or acted in any terrorist organization or abetted any terrorist organization and thus, the stringent Sec. of the very Act are not applicable to the applicant. He therefore, submitted that considering the nature of offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Opposing the bail application, learned APP for the State contended that there is sufficient evidence against the applicant to prove his involvement in the alleged offence. He has strongly opposed he bail application looking to the nature and gravity of the offence. In such circumstances, considering the seriousness of the offence and manner in which he executed the alleged offence, no case is made out for exercising discretion in favour of the applicant. Ultimately, it was requested by learned APP for the respondent-State to reject present application.