IRFANHUSSAIN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present application is filed under Sec. 439 of the Code of Criminal Procedure, 1973, for regular bail in connection with FIR being Part -B CR No11191028201766 of 2020 registered with Vejalpur Police Station, Ahmedabad for offence under Ss. 3(1)(i), 3(1)(ii), 3(2), 3(3), 3(4) and3(5) of the Gujarat Control of Terrorism and Organized Crime Act, 2015.

(2.) Learned Advocate appearing on behalf of the applicant submits that considering the nature of the offence, the applicant may be enlarged on regular bail by imposing suitable conditions.

(3.) Learned APP appearing on behalf of the respondent-State has opposed grant of regular bail looking to the nature and gravity of the offence. He submitted that in case of the other accused persons, who are enlarged on bail, the offences which were sited as predicate offences and were committed prior to the the enactment of the GUJCTOC, whereas in case of the applicant, both the offences registered were subsequent to the enactment of the GUJCTOC and therefore, benefit of parity may not be available. Learned APP also submitted by drawing attention of this Court to the statement of witness Monika, who is the wife of the main accused to indicate that the applicant was in consistent company of the said accused No.2.