JUDGMENT :

[Nikhil S. Kariel, J.]

1. Heard learned Sr. Advocate Mr.N. D. Nanavati appearing with learned Advocate Mr.H. S. Tolia for the applicant of Criminal Misc. Application No.15819 of 2021, learned Sr. Advocate Mr.Shalin Mehta appearing with learned Advocate Mr.H. M. Shah for the applicant of Criminal Misc. Application No.13783 of 2021 and learned Sr. Advocate Mr.Jal Unwalla appearing with learned Advocate Mr.M.T. Pathak for the applicant of Criminal Misc. Application No.10768 of 2022 and learned Public Prosecutor Mr.Mitesh Amin appearing with learned APP Mr.Ronak Raval for the respondent State.

2. Since the applicants have been arraigned as accused and are presently in custody in connection with a common FIR, and since the applications were heard jointly, this Court deems it appropriate to pass a common order in all the three applications.

3. The applicants herein have been arraigned as accused in connection with FIR No.11202008202186 of 2020 registered with Jamnagar City “A” Division Police Station, Jamnagar dated 15.10.2020 for offences punishable under Sections 386, 387, 506(1), 506(2) and 120B of IPC and Sections 3(1), 3(2), 3(3), 3(4), 3(5), and 4 of the Gujarat Control of Terrorism and Organized Crime Act, 2015 (for short “GUJCTOC Act”/”the Act”) and for offences punishable under Sections 386, 387, 506(1) and 506(2) of IPC and have been arrested on various dates namely the applicant of Criminal Misc. Application No.13783 of 2021 being arrested on 16.10.2020, applicant of Criminal Misc. Application No.15819 of 2021 being arrested on 16.10.2020 and applicant of Criminal Misc. Application No.10768 of 2022 being arrested on 29.1.2021, have preferred the present applications for being released on regular bail, more particularly after the Investigating Officer has laid the charge-sheet on 8.4.2021.

4. Before adverting to the facts, it would be relevant to mention that the FIR in question inter alia alleges that one Jaysukh Mulji Ranpariya @ Jayesh Patel is involved in running an organized crime syndicate in Jamnagar, which is involved in extortion, landgrabbing, contract killing, and money lending by use of violence and threat of violence and criminal intimidation. It is alleged that the crime syndicate has been targeting businessmen especially landowners and realtors or developers by intimidating them and threatening them with fear of grievous injury and threat to life with the aim of obtaining illegal monetary and financial gains. That the FIR lists a total of 59 FIRs registered against the members of organized crime syndicate in various police stations. The FIR specifically names applicant of Criminal Misc. Application No.15819 of 2021 and applicant of Criminal Misc. Application No.13738 of 2021 and whereas specific roles have been attributed to the said applicants, whereas the applicant of Criminal Misc. Application No.10768 of 2022, though not named in the FIR, has been arraigned as accused No.1 in the Column No.1 of the Charge-sheet inter alia with regard to the accused persons in custody. It would also be pertinent to mention that the leader of the organized crime syndicate Jayesh Patel is stated to have been arrested by the Police of the United Kingdom and whereas he is presently in custody in the said country, and whereas proceedings for extraditing the said person to India are going on in the said country.

5. Learned Sr. Advocate Mr.N. D. Nanavati for the applicant of Criminal Misc. Application No.15819 of 2021 has submitted that the present applicant has been wrongly arraigned as an accused in the FIR and whereas it is submitted that as such the present applicant was a victim of the organized crime syndicate, rather than being a member of the said syndicate. It is submitted by the learned Sr. Advocate Mr.Nanavati that as per the the allegation in the FIR and the charge-sheet, the present applicant had been involved in routing ill-gotten wealth and funding activities of various members of the organized crime synd