NATIONAL INVESTIGATION AGENCY, NIA, HYDERABAD Vs. DEVENDRA GUPTA

JUDGEMENT

(1.) This is an appeal filed u/S.21 of the National Investigation Agency Act, 2008 by the National Investigation Agency (for short, 'NIA'), Hyderabad, challenging the order dt.26.11.2012 of the IV Addl. Metropolitan Sessions Judge, Hyderabad (for short "the Sessions Court") in Crl.M.P.No.569 of 2012, vide Spl. Sc. No.1 of 2011 of CBI Police Station in NIA Cr.No.2 of 2011.

(2.) The respondents herein are A.1 and A.2 in Spl. Sc.No.1 of 2011 in NIA Cr.No.2/2011 wherein they are alleged to have committed offences u/S.302, 307, 326, 120(B) IPC; Sections 3, 4, 5 of Explosive Substances Act,1908; and Sections 13, 15, 16, 18, 19 and 23 of Un-lawful Activities (Prevention) Act, 1967.

(3.) The above Crl.M.P.No.569 of 2012 was filed by the respondents seeking regular bail u/S.439 of Cr.P.C., contending that they are in judicial custody since 17.06.2010, i.e., for more than two years and 5 months prior to the filing of the petition; that on 18.05.2007 at about 01:25p.m., there was a bomb-blast in Mecca Masjid, Hyderabad, in which nine persons died and fifty-eight persons suffered injuries; the same day, the SHO, P.S. Hussaini-Alam, Hyderabad, (A.P.), registered a case vide Cr.NO.100/2007 u/S.302, 207, 120(B) IPC, Sec.3 and 5 of Explosive Substance Act,1908; subsequently the case was transferred to CBI; the CBI re-registered the case vide R.C.No.5(S)/2007/SCR-III/CBI/ND on 6.10.2007 under the same sections of law and took up investigation; they are innocent and have nothing to do with the offences alleged and have been falsely implicated in the above case; that there is a connected case R.C.No.6(S)/2007/SCR-III/CBI/ND with regard to material seized in the premises of Mecca Masjid which was subsequently defused and was registered suo moto in Cr.No.107/2007; both the RCs were clubbed and a common investigation was done by the CBI; a charge-sheet dt.13.12.2010 was filed by the CBI arraying them as Accused Nos.1 and 2; they were earlier arrested in Ajmer blast case and the CBI filed PT warrants against them connecting them with the offence; took them into police custody twice and during the course of investigation while they were in judicial custody over 205 witnesses were examined and the said charge-sheet was filed; the CBI has filed false case against them and the entire investigation is unscientific, motivated and also filed for the purpose of defaming a particular organization; some other persons were arrested by the A.P. State Police and they had confessed that they were responsible for the blasts in the Mecca Masjid after they were subjected to Narco Analysis Test; the only allegation against them is that some common SIM cards found in the area were purchased by them in the year 2003 or so and subsequently in the year 2010, i.e., after seven years, a test identification parade to identify the purchasers of the SIM cards and mobile phones was made, that too after their photographs appeared in newspapers and magazines; all the witnesses examined during the investigation spoke about unconnected matters; the investigation by the CBI is malafide; the entire episode of Swami Asseemanand, shown as A.6, his confession statement before the Magistrate, his change of heart by another accused in the related case and consequent implication of innocent people in his confession proves the malafides of the prosecution in the entire investigation; as the CBI had completed the investigation as far as they are concerned and as they are innocent and no way connected or concerned with the blast at Mecca Masjid or in any other place they should be released on bail; they came from respectable families and are permanent residents of Ajmer and Indore and were ready to furnish sureties and abide by any terms and conditions which may be imposed in the event of grant of bail.