Page 54 - STATE v ARIF & ORS. SC-NO-540-2022 PART 1

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,, ~.ii. 6. It has beer argued by learned counsel for the applicant/accused ,,,

\fl, that accused is in custody since 10.01.;l018. It is stated that accused is not I
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. .,. . -~- f'"' ·rnvolved in the present case anq has peen ~:~rrested after 17 years of the
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~·}~1-'f:, :; • incident. He has pointed out that present case relates to the Red Fort shootout '
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. C'ase. wherein all the accused persons except accused Arif have 1:>~.en - .. , ·,.
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acquittec by the trial court or by Hon'ble High Court of Delhi. He has further
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·~· ..... ' • ~ -- .. ~pof~ted out that there is no incriminating evidence against the accused except
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.. •I ,_ one entr:; in the bank account whereas on the basis of more evidence, other
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~ accused persons have been discharged or acquitted in this case. It is pointed
•• 1., • .-eut that the cof1spiracy coulq not be proved by the prosecution. He has drawn
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j my atter,tion to the filing of ITR (incom!3 tax returns) and TDS certificates-
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r.l. showing that accused was doing the business for last number of years-~~d
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.....,.-.... ..,., .. ~ has been paying income tax by duly filing ITRs and has roots in the socij:lty .
~He''has also drawn my attention to the report of local SHO where accusea;.is .
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• residing. which shows t1at no summons or warrants were received against the
-~·~.·· accused and he had duly informed the same to learned CJM, Sri Nagar, J. & K. ~-
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.:i ~~~ . ' .7. On· the other hand, learned Add I. PP for State has opposed the
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bail application ar~uir.g that present accused, in conspiracy with other
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f .' I\· · accysed persons conducted attack on Red Fort. He has pointed out that '·.
E .accused gave his bank account of Grindleys Bank Ltd., Sri Nagar, J & K and
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·· --· --an amount of Rs. 10 lakhs, deposited in the said account was sent through
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I !• ·~···"' Hawala to Delhi for conducting terrorist ~:~ttacks. y
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' •!¥1. ' ' .. 8. Ld.:Addl. PP for State h~:~s pointed out that investigation is at initial
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l· stage and accused was also declared proclaimed offender as he was
, :J • '_ ·~ ·~ absconding. -·· ••
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... )~\.' ~.::.;.'·<':-i:·/ I have gone through the reply filed by the 10. The only evideoce
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'(; ~:~(' ~ · )~f\ has come in the report is that there was certain deposits in the ba~k

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