GURDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is a bail application under s. 439 Cr. P. C. in FIR No. 128, Police Station, Raisingh Nagar, Distt. Ganganagar, against the order dated October 31, 1987 passed by the Judge, Designated Court of Rajasthan, whereby the application of the petitioner for releasing him on bail was rejected.

(2.) THE petitioner is charged to have committed offence under sec. 3 and 4 of the Terrorist and Disruptive Activities (Prevention) Act, 1985 (hereinafter referred to as TADA (P) Act ). THE above mentioned FIR was lodged on June 21, 1987 against the petitioner and 4 others, in which it was stated that from reliable sources it has been learnt that Gurjant Singh S/o Gurdev Singh petitioner, resident of 66 RB who is wanted in case No. 53/86 under sections 302/307/224 IPC, 27 Arms Act keeps meeting his wife in 66 RB surreptitiously. He also visits his inlaws in 41c. With a view to verify these facts, one Mukhbir was deputed who came and informed that the above mentioned Gurjant Singh used to come once or twice in a month, but some time he has been coming to the village very often on scooter or motor-cycle with Pappu @ Karaj Singh S/o Gajjan Singh resident of 21c. He Comes to village 41c or 66 RB where his wife and children stay. He stays there at night and goes away early in the morning. THE Mukhbir also informed that the above mentioned terrorist Gurjant Singh may came today also and is likely to visit 66 RB where his wife and children are staying. On this information, Santlal A. S. I. who was not known to the people since had been transferred recently, was made to stay in the house of a neighbour with instructions that if Gurjant Singh comes, the information should immediately be passed on. It was further mentioned in the said FIR that today the 20th June, 1987 Gurjant Singh came at 2. 00 A. M. in a Jeep at 66 RB, stayed for short-while in the house and thereafter took away his wife and children in the jeep. It was further stated by the A. S. I. that for continuously 2 days he has been keeping his eyes on 66 RB and has come to know that Gurjant Singh comes several times in village 66 RB to meet his wife, father and children and his father Gurdev Singh also knows about the hiding places of his son Gurjant Singh. It was also stated that Mohan Singh, Karaj Singh @ Pappu and Kuldeep Singh S/o Gajjan Singh are also knowing about hidings of the terrorists. THEse activities of the above mentioned accused falls within the provisions of sections 3 and 4 of the TADA Act. THEreupon, a case was registered under sections 3 and 4 of the TADA Act and investigation was started.

(3.) RELIANCE was placed on the case of Balbir Singh Vs. State of Haryana (1 ). In this case the Apex Court set-aside the conviction as it found that virtually no investigation had been made to find out the antecedents of the accused whether he was a member of any political party and also regarding certain other aspects of the matter. This authority is not applicable to the facts of the present case. At this stage when the matter under consideration is whether to release the petitioner on bail, that court has to see whether there is any foundation for the accusation made against the petitioner. If the material on record collected during investigation shows that there are reasonable grounds for prima facie believing the accusation made against the petitioner, the matter will be considered by the court in that light. The petitioner is not required at this stage in fact to prove his complete ignorance in the allegations made against him but his assertions have to be weighed against the evidence on record to evaluate the same.