Karnataka High Court: While hearing bail petition of an accused who was demanding bail on ground of lack of evidence, the Single-Judge Bench of L. Narayana Swamy, J. denied the bail to the accused. The said person was being tried for his act of facilitating a bomb blast by transporting explosives and providing his home for a conspiracy meeting for the blast. The Court held that the accused person should not be given bail only on basis of lack of evidence, as filing of charge-sheet against the person who is being prosecuted for such serious charges as in under Sections 121-A, 123, 307 of IPC is enough to show that the accused is involved in a serious offence related to causing disharmony within the public.
It was contended by the counsel for the petitioner that he was being framed only because he was named by one of the accused of the bomb blast and no other evidence has been found against him. The public prosecutor argued that explosive material was found on instance of this accused person and also the petitioner has a history of being a habitual offender.
The Court observed that charges against the petitioner are grave in nature, which is accentuated by filing of the charge-sheet against the petitioner, and the fact that the group with which the accused persons in the present case are associated, is a banned group by the Central authorities and the United Nations Organisation for their sole aim to disrupt public peace. Therefore the charges are such, which if proven will result in life imprisonment or death penalty. Considering the anti-national character of the alleged offences against the petitioner, the Court refused to grant bail to the petitioner. [Zulfikar Ali v. State of Karnataka, 2017 SCC OnLine Kar 2, decided on 5/01/2017]