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5. Upon investigation of the alleged e-mail, it was found to be sent from the IP address of MTNL, Mumbai which was allotted to M/s Kamran Power Control Pvt. Ltd. and the sender had hacked its wifi connection to send this e-mail.

6. As per prosecution case, on receipt of the secret information on 19.09.2008, a raid was conducted at Flat No.108, Batla House, Delhi wherein one Mohd. Saif was apprehended who revealed names of accused Ariz @ Junaid, Shahzad @ Pappu and besides other accused Mohd. Atif Amin @ Bashir & Mohd. Sajid @ Pankaj Sharma. During their search, one AK series rifle along with magazines containing 30 live rounds each, two pistols of 30 bore and various articles used for assembling bombs etc. were recovered from their possession. During interrogation at the spot, apprehended Mohd. Sarif revealed that Saquib Nisar is one of his associates of the outfit Indian Mujahideen, who is also involved in Delhi serial bomb blasts on 13.09.2008.

9. During further investigation, it came to be revealed from his mobile phone that on 03.09.2008, his location was at Karol Bagh, along with the mobile numbers of Mohd. Atif Ameen and Mohd. Shakeel. However on 13.09.2008, from 16:3829 hrs and 19:18:06 hrs, there was no call received on his mobile phone and he was in regular touch of master-mind Mohd. Atif Amin. On 13.09. 2008, as per his mobile phone his presence was located in Batla House, which corroborates with disclosure statement of other accused persons.

32. The settled proposition of law that at the time of grant or refusal of bail, each case has to be seen on its own facts and the role of accused has to be considered individually, especially in cases where a larger conspiracy is involved.

33. The prosecution has alleged that there is sufficient material to show that appellant / accused Mohd. Saif had with his associates hatched a conspiracy for serial bomb blasts in Delhi causing killing of 26 innocent people & injury to 135 people in the serial blasts. Appellant Mohd. Saif, who was apprehended on 19.09.2008 pursuant to a raid conducted at Flat No. 108 of Building L-18, Batla House, Delhi, in his disclosure statement had revealed that appellant-Saquib Nisar is one of their associates of terror outfit "Indian Mujahideen" involved in 13.09.2008 Delhi Serial blasts. Another accused Zeeshan Ahmad has also named appellant herein in his disclosure statement. During investigation, it revealed that Appellant Saquib Nisar was working as recruitment assistant in Talent Pro India HR Private Limited, Nehru Place, Delhi and was associate of accused Mohd Atif Ameen. Appellant had joined the conspiracy for Ahmadabad serial bomb blasts on 26.07.2008, for which he along with other accused had gone to Ahmadabad on 11.07.2008 to conduct recee of the places for blasts. Similarly, he had also gone to Karol Bagh on 03.09.2008 for conducing reccee of the places for blasts. He used to regularly visit flat No. 108, L-18 Batla House, Delhi for the conspiracy of 13.09.2008 Delhi serial bomb blasts and assisted his associates in making IEDs. Further, at the time of planting the IEDs in Delhi on 13.09.2008, he was assigned the task to be present at the flat no. 108, L-18 Batla House on 13.09.2008 to keep the flat open and keep mobile phones of his associates with the instructions to attend all calls made on their mobile phones so that they could bluff the investigation agencies by positioning their mobile phones at the location of Batla House, Delhi and not at the place of crime.

34. On the day of blasts i.e. 13.09.2008, at about 4.30 pm, the accused persons went from flat No. 108, L-18 Batla House along with IEDs to plant them at their respective blast sites, whereas appellant Saquib Nisar remained present at the flat No. 108, L-18, Batla House.

35. As per attendance register of Talent Pro India HR Private Limited, appellant was absent on 11.07.2008 and on 12.09.2008, he was on leave from office. However, on 13.09.2008, his office was closed due to Saturday.