Important Point:
Law is well settled that once it is prima facie established that the persons like the accused had acted in furtherance of the conspiracy, every person may not be having knowledge about the role of other or exact nature of the activity.

1. The present application has been filed by the applicants-accused under Section 439 of Criminal Procedure Code for regular bail.

2. The applicants–accused 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 IC. 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 applicants-accused, 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.

4. Heard learned advocate, Shri Khalid G. Shaikh for the applicants-accused and learned Special Public Prosecutor, Shri J.M. Panchal appearing with learned advocate, Shri Kamal Panchal for the respondent-State.

5. Learned advocate, Shri Shaikh referred to the case of the prosecution and also the papers at length and submitted that the case of the prosecution as reflected in the chargesheet would suggest that the applicants had attended camp near Pavagadh. However, learned advocate, Shri Shaikh submitted that the trial has commenced and still it is likelihood that it may not be over as there are many witnesses to be examined resulting in delay. He further submitted that the Police remand of the applicants-accused was granted during investigation and nothing is recovered from the applicants. He further submitted that the charge against the applicants is regarding the presence at the training camp. However learned advocate, Shri Shaikh also referred to the confessional statement of one of the co-accused, Mahendi Hasan @ Vicky recorded by the learned Chief Metropolitan Magistrate produced on record and submitted that the confessional statement at the most refers to the fact that the applicants were present and as stated, they had agreed to go for a picnic and, thereafter, they had come to the place of such training center. Learned advocate, Shri Shaikh, therefore, submitted that they had no intention regarding the involvement in any conspiracy, therefore, subsequently the statement has been made. He also referred to the proceeding of the case before the Rajasthan and submitted that the acquittal has been recorded for the charges under the Unlawful Activities (Prevention) Act, 1967 read with under the charges for the offence under the Indian Penal Code. He further submitted relying upon the order in Criminal Bail Application No.1147/2003 before the Hon’ble High Court of Bombay dated 21st October, 2013 that as observed in this judgment,