Appeals for Bail in Nashik Conspiracy Case Dismissed, Prima Facie Evidence Upheld. Court rejects bail pleas citing serious charges of conspiracy to wage war against India and evidence tampering concerns.


Summary of Judgement

Multiple appeals seeking bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) from a Special Sessions Case in Nashik. The appellants are accused under various sections of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act, 1967 (UAP Act), including conspiracy to wage war against the Government of India. The appeals were filed after their bail applications were rejected by the trial court.

  1. Introduction and Common Background:

    • Appeals consolidated due to common origin from Special Sessions Case No. 24 of 2023, arising from Crime No. 20 of 2021.
    • Appellants identified as Accused Nos. 3, 2, and 6 based on the charge sheet.
  2. Details of Appellants and Impugned Orders:

    • Each appellant challenged the rejection of their bail applications by the Special Judge, Nashik.
    • Detailed dates and references to specific court orders provided.
  3. Legal Representations and Arguments:

    • Arguments presented by senior counsels and advocates for each appellant.
    • Focus on the applicability of IPC Sections 121-A (conspiracy to wage war) and 153-A (promoting enmity between different groups).
  4. Prosecution's Response:

    • State's arguments emphasizing the gravity of charges, including evidence from witness statements and electronic data.
    • Reference to Vision-2047 document outlining plans to transform India into an Islamic state.
  5. Court's Findings and Decision:

    • Detailed examination of the evidence and legal precedents.
    • Decision to dismiss the appeals based on the prima facie case against the appellants and the risk of evidence tampering if granted bail.
  6. Conclusion and Directions:

    • Upholding the trial court's decisions.
    • Request to expedite the trial proceedings within one year.

The main points and structure of the provided document, focusing on the legal arguments, evidence, and court decisions related to bail applications in a significant criminal case involving charges under the IPC and UAP Act.

Case Title: Razi Ahmed Khan Versus The State of Maharashtra Ors.

Citation: 2024 Lawtext (BOM) (6) 115

Case Number: CRIMINAL APPEAL NO. 883 OF 2023 WITH CRIMINAL APPEAL NO. 1151 OF 2023 WITH CRIMINAL APPEAL NO. 206 OF 2024

Advocate(s): Mr. Hasnain Kazi a/w Ms. Shraddha Vavhal, Saipan Shaikh, Mr. Hafizuddin Kazi, Zeeshan Khan, Athar Qureshi and Mr. Raeed Khan for Appellant. Mrs. Ashwini A.Takalkar, A.P.P., for Respondent No.2-State

Date of Decision: 2024-06-11