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12) It is the definite case of the CBI that the investigation has revealed that subsequent to the murder of Hamid Lala, Sohrabuddin and Tulsiram Prajapati continued their criminal activities in the States of Maharashtra, Rajasthan and Gujarat. However, Sohrabuddin remained elusive and beyond the reach of the Gujarat Police. It was, therefore, that the accused Amit Shah (petitioner herein), D.G. Vanzara, S. Pandiyan Rajkumar, Dinesh Man and others entered into a conspiracy to abduct and murder Sohrabuddin. Accordingly, D.G. Vanzara, with the aid of Abhay Chudasma, S.P. Valsad had Tulsiram Prajapati, an associate of Sohrabuddin, in order to trace Sohrabuddin. Whilst giving such directions, D.G. Vanzara also assured Tulsiram Prajapati that he would ensure safe passage for him as he would be implicated in some petty cases. It was after this assurance from D.G. Vanzara and Abhay Chudasma that Tulsiram Prajapati agreed to help them in tracing and locating Sohrabuddin. Accordingly, Tulsiram Prajapati, in accordance with his clandestine agreement with the Gujarat Police, informed them in advance about the plan of Sohrabuddin to travel to Sangli from Hyderabad and, thereafter, Sohrabuddin was abducted and murdered. By pointing out the above factual details, it is the stand of the CBI that the first conspiracy took place to eliminate Sohrabuddin with the help of Tulsiram Prajapati who agreed to trace and locate him after the assurances given by the Gujarat Police. Thus, in the aforesaid conspiracy, Tulsiram Prajapati can be said to be a part of the said conspiracy though not knowing the motive about the same.

“11……Shri Naymuddin, brother of Shri Sohrabuddin had gone to see off Shri Sohrabuddin, sister-in-law Smt. Kausarbi and Tulsiram Prajapati at Indore Bus Stand.
19. Investigation further revealed that the Police Party also followed the luxury bus. About 15 to 20 kilometers from the hotel, on the instructions of Shri Rajkumar Pandiyan (A-2) their vehicles overtook the luxury bus and stopped the bus. Two police persons entered into the bus and asked the driver to switch on the light. While the third police person was having torch in his hand remained near the door of the bus. The police persons told there is police checking. All the three police personnel were in civil dress. They picked up Tulsiram Prajapati who was sitting in the bus. After sometime, they again came into bus and picked up Sohrabuddin. When Sohrabuddin was made to get down from the bus, Kausarbi also got down…..
48. The investigation has disclosed that Tulsiram Prajapati @ Praful @ Sameer @ Babloo s/o Gangaram Prajapati, r/o Shantinagar PS Neel Ganga District Ujjain, M.P. was a close associate of Sohrabuddin.

Both hailed from same Ujjain district of MP and knew each other since the days Sohrabuddin was lodged in Sabarmati Jail in the Arms recovery case. Tulsiram was working with him as his sharp shooter….

51. The investigation has further revealed that Tulsiram was picked up by the Police of Gujarat and Rajasthan to trace Sohrabuddin about 20 days prior to the encounter of Sohrabuddin. Both Sohrabuddin and his wife Kausarbi were abducted on the information of Tulsiram. He was promised by accused Shri D.G. Vanzara (A-1) and accused Shri Abhay Chudasama (A-15) that no physical harm would be caused to Sohrabuddin because Sohrabuddin was their old associate. Further, Tulsiram was shown to have been arrested on 29.11.2005 at Bhilwada (Rajasthan) by the Rajasthan police i.e., after the fake encounter of Sohrabuddin on 26.11.2005.

13. As pointed out by the learned counsel for the petitioner and the CBI, the said judgment records that there is strong suspicion that the ‘third person’ picked up with Sohrabuddin was Tulsiram Prajapati.

14) Pursuant to the said direction, the CBI investigated the cause of death of Sohrabuddin and his wife Kausarbi. The CBI, in their counter affidavit, has specifically stated that as per their investigation Tulsiram Prajapati was a key witness in the murder of Sohrabuddin and he was the ‘third person’ who accompanied Sohrabuddin from Hyderabad and killing of Tulsiram Prajapati was a part of the same conspiracy. It was further stated that all the records qua Tulsiram Prajapati’s case were crucial to unearth the “larger conspiracy” regarding the Sohrabuddin’s case which despite being sought were not given by the State of Gujarat.