ATIKUREHMAN ABDUL HAKIM KHILJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application has been filed by the applicantsaccused under Section 439 of Criminal Procedure Code for regular bail.

(2.) The applicants­accused are charged with having committed offences under Sections 120(B), 121(A), 124(A), 153(A)(1)(b), 302, 307, 326, 435, 427, 465, 468, 471 and 212 of the Indian Penal Code, under Sections 3, 5, 6 and 7 of the Explosive Substance Act, 1908, under Sections 10, 13, 16, 18, 19, 20, 23, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967, under Sections 25(1)(B)(A) and 27 of the Arms Act, under Sections 65 and 66 of the Information Technology Act, 2000 and under Sections 3 and 4 of the Damage to the Public Property Act, 1984, for which, FIR being I C.R.No.236/2008 has been lodged at Shahibaug Police Station, Ahmedabad.

(3.) The background of the facts briefly summarized is as follows: As per the prosecution case, the applicants accused are involved in terrorist activity and they are alleged to have been involved in the bomb explosion and serial blast in Ahmedabad on 26.07.2008, where about 56 persons were killed and 240 persons have sustained injuries. As per the prosecution case, the Central Government had banned on the "Students Islamic Movement of India" (SIMI) in the month of September, 2001 and, therefore, new terrorist outfit for such activity has been formed viz., "Indian Mujaheedin" and they have been involved in such activity in organized manner. As a part of such activity, a training centre at Vaghmor at Kerala was established and also near Pavagadh, Halol in Gujarat State. Such training centre was started in December, 2007. The applicantsaccused, as stated in detailed in the chargesheet, are said to have been involved and attended such training camps as a part of larger conspiracy, which led to serial blast in Ahmedabad. There were different cases registered and ultimately, the said cases have been clubbed as Sessions Case No.38 of 2001, which has been in progress and the trial is going on as directed by the Hon'ble Apex Court.