BHARAT MOHAN RATESHWAR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The appellant has preferred this D.B.Criminal Appeal under Section 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as 'the Act of 2008') against the order dated 24.10.2011 passed by Special Judge, CBI Cases No.1, Jaipur whereby his criminal bail application was rejected.

(2.) Briefly stated facts of the case are that on 11.10.2007 a massive bomb blast took place in the compound of Dargah Sharif, Ajmer as a result of which three precious lives were lost and fifteen persons were seriously injured, who had gathered there for Roza Aftaar. Accordingly, an FIR No.85/2007 dated 11.10.2007 was registered at Dargah Sharif police station, Ajmer-Rajasthan under Sections 302, 307, 323, 295, 201, 120B IPC and Section 3 of the Explosive Substances Act, 1908 on the complaint of Shri Sayed Sarwar Chisty resident of Khadim Mohalla, Ajmer.

(3.) The case was initially investigated by local police and later on conducted by the ATS Rajasthan w.e.f. 8.5.2009. ATS Rajasthan filed a charge-sheet against three accused persons namely (i) Devendra Gupta (A-1) presently in Judicial custody; (ii) Chandra Shekhar Leve (A-2) bailed out by Rajasthan High Court; (iii) Lokesh Sharma (A-3) presently in judicial custody, [and names of (i) Sandeep Dange (A-8), (absconding); (ii) Ram Chandra Kalsangra (A-9), (absconding) and (iii) Sunil Joshi (A-10) (deceased) were shown in Column No.2 against whom charge-sheet was not filed], on 20.10.2010 under Sections 302, 307, 323, 295, 201, 120B IPC and Sections 3 & 4 of the Explosive Substances Act, 1908 and Sections 13,16,17,18,19, 20 of the Unlawful Activities (Prevention) Act (hereinafter for short referred to as 'U.A.(P) Act, 1967') in the Court of the Chief Judicial Magistrate, Ajmer. However, further investigation under Section 173(8) Cr.P.C continued to unearth the large conspiracy and involvement of the other accused persons.