The requirement of establishing conspiracy and the inadvisability of detailed exploration of evidence at the bail stage.

JUDGMENT :

1. The petitioners along with others are facing trial in case FIR No. 35/2017 registered in Police Station, Gandoh for offences under Sections 302/307/458/436/511/201/120-B RPC and 7/27 Arms Act which is pending disposal before the Court of learned Additional Sessions Judge, Doda (hereinafter referred to as the 'trial Court').

2. Before filing the instant application, the petitioners along with two others had moved a similar application for bail before the trial Court which the trial Court rejected vide its order dated 19.03.2020 in so far as the petitioners herein are concerned. The two other accused, namely, Bashir Ahmed and Altaf Hussain were, however, enlarged on bail by the trial Court. Feeling aggrieved and with a view to seek their enlargement on bail in the aforesaid case, the petitioners have moved this Court through the medium of instant application.

3. Before I advert to the grounds urged by the petitioners seeking concession of bail, it would be appropriate to take note of the prosecution story and the outcome of the trial so far held in the instant case:-

“The prosecution story as it goes is that on 08.05.2017 at 2:50 a.m., an information was received from reliable sources that some unknown militants armed with illegal weapons had attacked the Police Picket situate at Tanta and by indiscriminate firing, seriously injured SPOs Kikker Singh and Mohd. Younis. The militants after accomplishing the attack had run away from the spot taking the benefit of dark. On this information, FIR aforesaid was registered in the Police Station, Gandoh for the offences under Sections 307/120-B RFC & 7/27 Arms Act and the investigation set in motion. The injured were referred to Hospital at Thathri for treatment and some jackets and other blood stained items were recovered from the spot. The statements of witnesses under Section 161 Cr.P.C. too were recorded. Injured Mohd. Younis, however, succumbed to his injuries in the hospital at Jammu on 19.05.2017. Looking to the nature of crime and the manner in which it was accomplished, a Special Team of police headed by ASP Bhaderwah was constituted to investigate the matter. The petitioner Abdul Rashid was arrested on 11.05.2017 and pursuant to his disclosure statement, one AK-47 Rifle along with some empty cartridges was recovered on his identification from Ganori Bhoath, Tanta. On his further statement, the accused Showket Ali, Akhtar Hussain and the petitioner Shafkat Hussain were also apprehended and their confessional statements separately recorded. On the disclosure statement made by the accused Akhtar Hussain and on his identification, two Magazines along with 60 cartridges were recovered and the same were sealed on the spot to preserve the proof. Similarly, on 13.05.2017, as per the confessional statement made by the petitioner Abdul Rashid, one employee of Territorial Army was called and on his confessional statement, accused Altaf Hussain, SPO No. 576 too was arrested on the same day. Samsung mobile phones of the petitioners Abdul Rashid and Shafkat Hussain were also seized and sent for examination to CFSL, Chandigarh to get the expert opinion for retrieving dates and the call details. It is the further case of the prosecution that during the investigation, it was found that AK-47 Rifle, which was recovered and seized at the instance of the petitioner Abdul Rashid, had been acquired from Police Station, Doda with regard to which there was already FIR registered under Section 409 RPC.

From the evidence collected and also the call details, it was found that all the accused persons including the petitioners herein were in contract with each other since long and were also in touch with each other even on the day of occurrence. It further revealed that Abdul Rashid alias Abdullah was a LeT militant and was involved in so many militant activities. In the year 2008, he had surrendered before the Territorial Army from where he had come in contact with Bashir Ahmed and two other accu