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5. Background facts sans unnecessary details are as follows:

The application for cancellation of bail had matrix in FIR being CR No. I-5 of 2005 filed by one Abdul Rehman, a Police Officer, subordinate to the appellant and now an accused, who was a member of the Special Investigating Party formed at Udaipur, Rajasthan to investigate into various offences registered against one Sohrabuddin. As per the above FIR, said Sohrabuddin, son of Ahwaruddin Shaikh, resident of Zaraniya, Nagda, Madhya Pradesh, who was accused of offences punishable under Sections 120(b), 121, 121-A, 122, 123, 307, 186, 224 of IPC, under Sections 25(1)(b) and Section 27 of the Arms Act and under Section 13 (1) of the Bombay Police Act. In the above FIR it was stated that the above accused (Sohrabuddin) was acting at the behest of ISI to spread terror and to disturb the unity and integrity of the country and also entered into conspiracy by possessing arms and ammunition so as to kill one of the big leaders of the State of Gujarat and when asked to surrender by the police party, fired from his revolver and attempted to kill them.
Later on, Rubabuddin Shaikh, brother of Sohrabuddin, filed petition before this Court which was registered as Writ Petition (Crl.) No.6 of 2007. Pursuant to the directions issued from time to time, the Investigation Agency of the State of Gujarat carried out investigation and it was found by the Investigating Agency that death of Sohrabuddin and subsequently reported death of Kausarbi, wife of Sohrabuddin, was a result of fake encounters carried out by the then officers of the Anti-Terrorist Squad (for short `ATS'), State of Gujarat and senior IPS officers of State of Gujarat and State of Rajasthan are involved in the fake encounters. All those officers were arrested and appellant who is accused No.3 is one of such senior IPS officer belonging to the State of Rajasthan.

While enlarging the appellant on regular bail in exercise of power under Section 439 of the Code, learned Additional City and Sessions Judge, relied on various circumstances, more particularly on three facets:- first facet is prior to 26.11.2005, second facet is dated 26.11.2005 and the third facet is post 26.11.2005. The first facet was about conspiracy part and bringing Sohrabuddin from Hyderabad to Ahmedabad. Second facet is the day on which alleged encounter of Sohrabuddin took place on 26.11.2005 and the third facet, i.e. post 26 11.2005 about death of Kausarbi and destroying evidence relating to her death.

Highlighting the definite role of the accused, it was pointed out that Sohrabuddin was a wanted accused involved in an offence registered with Hathipole Police Station, Udaipur. It was under his jurisdiction the role of the accused surfaced. He contacted Ahmedabad Police to trace out Sohrabuddin. When he was apprehended information was given to the accused and the accused informed his superior officers to send a team to Ahmedabad. He was leader of the team. Before any formal order came to be passed for forming a team, weapons were procured from Kotwali upon his arrival in Ahmedabad. He coordinated in the fake encounter alongwith ATS officers of the State of Gujarat. Therefore, it was contended that it was a clear case of conspiracy attracting ingredients of Section 120B IPC. It was pointed out that the whole case is based on circumstantial evidence and from the charge sheet, needle of suspicion unerringly pointed out at the accused and the circumstantial evidence even the form of statements of witnesses and in view of the role played by accused as afore-noted, the trial Court should not have granted bail.