KAMAL CHAUHAN Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) This order will dispose of an appeal under Section 21 (4) of the National Investigation Agency Act against an order dated February 7, 2015 dismissing the application for bail pending trial in case FIR No. 09/2010 dated July 29, 2010 under Sections 120-B, 302, 307, 324, 326, 124-A, 438 and 440 IPC, Sections 150, 151, and 152 of Railway Act, Sections 3, 4 and 6 of Explosive Substances Act, 1908, Sections 3 and 4 of Prevention of Damage to Public Property Act, 1984 and Sections 13, 16, 18 and 23 of UA (P) Act, 1967. As per the charge-sheet submitted before the Special Court the appellant and his co-accused had entered into a criminal conspiracy and committed terrorist act in which bomb blasts were carried out with an intention to threat the unity, integrity and sovereignty of India and to strike a terror in the people of India and in foreign countries. The said act was committed by using Improvised Explosive Devices (I.E.Ds) including highly inflammable substances which caused blasts and consequent fire in the compartments of Train No. 4001 UP Attari (Samjhauta Express) at Panipat, Haryana on February 18, 2007. As a consequence of the bomb blasts and fire, in the said train, 68 persons died including women and children. A huge loss was caused to the public property of the Indian Railways. Besides Indian citizens and government officials, a large number of Pakistani nationals were killed. The National Investigating Agency took over the investigation under the orders of Ministry of Home Affairs, Government of India, New Delhi. As per the charge-sheet, two unexploded suitcase bombs were also found in other compartments of the same train which were later on defused/ destroyed. The initial investigation revealed that suitcase bombs planted in one compartment found at the scene of crime were stitched at Kothari Market Indore and procured by the terrorists on February 14, 2007.

(2.) So far as the appellant is concerned, he along with other coaccused were radicalized and motivated by Lokesh Sharma to avenge the attacks on Hindu temples and Indian cities by the Islamic Jehadi/ terrorist attacks on Hindu temples such as Akshardham (Gujarat), Raghunath Mandir (Jammu) and Sankat Mochan Mandir (Varanasi). The appellant along with his co-accused namely, Nabay Kumar Sarkar @ Swami Asimanand, Sunil Joshi @ Manoj (deceased) Ramchandra Kalsangra-absconder, Sandeep Danga-absconder and Lokesh Sharma propounded a theory of "bomb ka badla bomb" and hatched a conspiracy to take revenge by doing blasts in the train. The meetings and training for execution of the plan have been detailed in the original charge-sheet submitted before the Special Court, NIA, Panchkula on June 20, 2011. On further investigation conducted under Section 173 (8) Cr.P.C., details regarding the conspiracy, meetings held at Thakurghar, Valsad (house of Bharat Bhai), details of the bomb planters, assemblers, procurement of IED material etc were collected and the details of the sequence of events leading to planting of bombs in Samjhauta Express on February 18, 2007 were revealed. On the basis of the investigation conducted in Faridabad, Delhi, Indore, Dewas, Meerut and other cities of Jharkhand, Gujarat and Uttrakhand, number of witnesses were examined and it was revealed that the trainings were organized at Bagli in District Dewas and Faridabad to the planters regarding preparation of bombs and firing of pistols. The places of assembling the IEDs were identified. The individual role of Lokesh Sharma, the present appellant, Amit Hakla and Rajender Chaudhary were determined. It was found during investigation that late Sunil Joshi resident of Dewas had master minded the execution of bomb blasts in Samjhauta Express training with the assistance of other accused. The appellant was arrested in the case on February 12, 2012 on the basis of the further investigation, being a close associate of Lokesh Sharma, who had been charge-sheeted in Samjhauta Express blast case as well as Ajmer blast case. He along with Rajinder Chaudhary and Dhan Singh, absconded from Depalpur after arrest of Lokesh Sharma in May 2010. It was also found during the course of investigation that he had planted suitcase bombs in Samjhauta Express train on February 18, 2007 along with other planters i.e. Lokesh Sharma, Rajender Chaudhary and Amit Hakla. Appellant was trained at Bagli Forest in Dewas District Madhya Pradesh in January 2006. He attended a training Camp at Bagli Forest organized by late Sunil Joshi which was attended by Ramchandra Kalsangra, Lokesh Sharma, Amit Hakla, Rajender Chaudhary and others. Training was imparted about the preparation of pipe bombs and firing of pistols. After training the participants decided to attack Muslim dominated places and religious sites in order to retaliate attacks on Hindu temples and Indian cities by Jehadi terrorist groups. The appellant along with other co-accused had also participated in firing practice organized by Sunil Joshi at Karni Singh Firing Range at Faridabad in April 2006. The call data record of mobile numbers of Lokesh Sharma established connection of the appellant with him. The appellant along with Rajender Chaudhary held a meeting at Jama Masjid and old Delhi Railway Station in November/ December 2006 under the instructions of Lokesh Sharma and reached Delhi by Indore Intercity Express on fake names and returned on the same day after completing the assigned task. The appellant along with others had given feed back to Lokesh Sharma that there was adequate security arrangement at Jama Masjid while there was no security available at Old Delhi Railway Station, therefore exploding bombs in Samjhauta Express train could be easier and safer than planting bomb at Jama Masjid.

(3.) The bail application filed by the appellant before the Special Judge under NIA Act, Panchkula has been dismissed in view of the gravity of the offences. Parity was claimed with the case of Nabhay Kumar who has been granted the concession of bail by High Court on August 28, 2014.