The court emphasized that serious allegations alone do not justify bail denial; a prima facie case must be established, especially when no specific role is attributed to the accused.

Judgment

Mrs. Manisha Batra, J.:- The instant appeal has been preferred against order dated 22.02.2021 passed by learned Special Judge, Amritsar in case bearing FIR No.04 registered on 15.03.2020 under Sections 379-B, 382, 399, 402, 411, 467, 468, 472, 473 IPC, Sections 15, 16, 17, 18, 18B of Unlawful Activities (Prevention) Act, 1967 (For short “UAP Act”), Section 25 sub sections 6, 7 and 8 of Arms Act and Section 52/54 of Prisons Act, at Police Station SSOC, Amritsar whereby the bail application filed by the present appellant for grant of regular bail under Section 439 of Cr.P.C., had been dismissed.

2. The brief facts of the case relevant for the purpose of disposal of this appeal are that the aforementioned FIR was registered on the basis of a secret information received by DSP Harminder Singh, Police Station, Organized Crime Control Unit (For short “OCCU”) Amritsar on 15.03.2020 to the effect that the accused Sikander Singh who was having criminal antecedents and was wanted in many cases, had formed a gang with co-accused Amritpal Singh Bhullar, Manoj Thakur alias Kaka Pehalwan, the present appellant Gursewak Singh and some other persons who were also having criminal antecedents and were wanted in cases of murder, attempt to murder, robberies, extortion and theft etc. As per the information, all these accused were having with them dangerous weapons and ammunitions. They were having relations with enemy country Pakistan through mobile phones, wireless sets and other technological instruments and were hatching plans to commit some terrorist acts in different places in the country thereby trying to disturb the peace of the country and further that they were trying to get released from police custody, the accused Gagandeep Singh and Pardeep Singh. On the basis of this information, a case was registered and investigation proceedings were initiated. On the same day, the accused Manoj Thakur @ Kaka Pehalwan and Sikander Singh were arrested. Several arms and ammunitions were recovered from them. Co-accused Amritpal was arrested on 17.03.2020. On interrogation, he suffered disclosure statement to the effect that he along with the present appellant and other accused had robbed 30 kg of gold from IIFL Gold Loan Branch, Gill Road, Ludhiana. The co-accused Gagandeep Singh and Pardeep Singh were arrested and recoveries of arms and ammunitions were effected from them.

3. The appellant-accused Gursewak Singh who was already in custody in a case registered at Police Station Mohali was joined into the investigation of this case and arrested on 05.07.2020. A .32 bore pistol and some cartridges were already got recovered by him in a case registered at Police Station Mohali. After completion of necessary investigation and usual formalities, challan under Section 173 Cr.P.C. was presented against the accused. Subsequently, supplementary challn under Section 173 (8) of Cr.P.C. was presented before the Special Court after obtaining sanction for prosecution of the accused persons from competent authority. The present appellant moved an application for regular bail before learned Special Court which was dismissed vide order dated 22.02.2021. It is important to mention here that the present appellant had filed appeal against order dated 22.02.2021 as well as against the order passed by learned Special Court thereby dismissing his request for grant of default bail under Section 167 (2) Cr.P.C. before a Coordinate Bench of this Court. Vide order dated 26.04.2022, the said appeal had been dismissed. The appellant had filed petition for Special Leave to Appeal (Criminal) No.10755 of 2022 before Hon’ble the Supreme Court challenging the order of the Coordinate Bench and Hon’ble the Supreme Court had set aside the abovesaid order on 22.03.2023 and remanded the matter to this Court with a direction to decide this appeal on its own merits and that is how this appeal has been restored and has come up before us.

4. Learned counsel for the appellant submitted