Gujarat High Court
Ummed Raisuddin Ansari vs State Of Gujarat on 9 November, 2023
NEUTRAL CITATION
R/CR.MA/20161/2023 ORDER DATED: 09/11/2023
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR REGULAR BAIL - AFTER
CHARGESHEET) NO. 20161 of 2023
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UMMED RAISUDDIN ANSARI
Versus
STATE OF GUJARAT
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Appearance:
MR KISHAN R CHAKWAWALA(9846) for the Applicant(s) No. 1
MR RM CHAKWAWALA(1519) for the Applicant(s) No. 1
MS KRINA CALLA APP for the Respondent(s) No. 1
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CORAM:HONOURABLE MR. JUSTICE M. R. MENGDEY
Date : 09/11/2023
ORAL ORDER
Rule. Ms.Calla, learned APP waives service of notice of Rule on behalf of respondent - State.
1. The applicant has filed this Application under Section 439 of the Code of Criminal Procedure for enlarging the applicant on Regular Bail in connection with FIR bearing I-C.R.No.11191067230030 of 2023 registered with the Cyber Crime Police Station, Dist.Ahmedabad City for the offences punishable under Sections 153A, 153B(1)(c), 505(1)b, 120B of the IPC read with Section 66F of The Information Technology (I.T.) Act read with Section 16(1)(b) of The Unlawful Page 1 of 4 Downloaded on : Fri Nov 10 21:01:03 IST 2023 NEUTRAL CITATION R/CR.MA/20161/2023 ORDER DATED: 09/11/2023 undefined Activities (Prevention) Act, 1967.
2. Heard learned advocate Mr.Chakvawala for the applicant. He submitted that applicant has been falsely implicated in the present offence. The applicant has no connection with the Band Outfit viz. 'Sikhs For Justice' and no incriminating material has also been recovered from the present applicant. He submitted that investigation is over and charge-sheet is filed. He, therefore, submitted to allow the present application and enlarge the applicant on bail subject to suitable conditions.
3. Ms.Calla, learned APP opposed the present application and submitted that the present application be dismissed.
4. Heard learned advocates for the respective parties and perused the record.
5.1 From the record it appears that pre-recorded message to the following effect was circulated on the mobile phones to the public at large threatening them Page 2 of 4 Downloaded on : Fri Nov 10 21:01:03 IST 2023 NEUTRAL CITATION R/CR.MA/20161/2023 ORDER DATED: 09/11/2023 undefined not to go Narendra Modi Stadium and watch cricket match between India and Australia which was scheduled to take place on 09.03.2023. The said audio message was recorded in the voice of one Gurpatwant Singh Punnun, who has been notified by Government of India as Terrorist since the year 2020. The said threatening script i.e. pre-recorded message spread through voice call reads thus:
"People of Gujarat on the 9th March. Stay home and stay safe, because Pro-khalistan Sikhs are going to storm Narendra modi cricket Stadium and install Khalistan flags. Do not become victim between Pro-khalistan Sikhs and Indian police. Modi is responsible for the the deaths of thousands of Sikh farmers in Punjab and we are out to show. Honourable Prime Minister Albanese that Modi is a killer of Muslims in 2002 and he is the killer of Sikhs. People of Gujarat stay home. Stay safe. Pro- khalistan Sikhs are going to storm the cricket stadium."
5.2 The record indicate that present applicant is resident of Uttar Pradesh and with the other co- accused person he arranged all electronic devices at the house of his sister and as such helped in Page 3 of 4 Downloaded on : Fri Nov 10 21:01:03 IST 2023 NEUTRAL CITATION R/CR.MA/20161/2023 ORDER DATED: 09/11/2023 undefined forwarding the said audio-clip in mobile phones to various subscribers. The applicant was found to be doing these activities from the room constructed in the house of his sister which appears to have been procured by him for the very purpose. The said activity was being undertaken by the present applicant with the help of Simbox which has also been recovered from the place of the present applicant.
5.3 Upon perusal of the said audio clip it appears that it was with the purpose of generating hatred amongst the Sikh community against the Government of India and the Citizens of India. The record also indicates that said audioclip was also forwarded on social media at the platform of Twitter also.
6. For the reasons recorded above and considering the contents of application being devoid of merits, the present application requires to be dismissed. It is dismissed accordingly. Rule is discharged. No order as to costs.
(M. R. MENGDEY,J) MISHRA AMIT V. Page 4 of 4 Downloaded on : Fri Nov 10 21:01:03 IST 2023