An accused in the murder case of two BJP leaders in Bharuch district today moved a default bail application before a special NIA court here as the central investigative agency has failed to file a charge sheet against him within stipulated time.
The court of Principal Judge P B Desai issued notice to NIA and the matter is kept for further hearing on May 18.
Abdul Samad, one of the twelve accused in the November 2, 2015 murder of two BJP leaders in Bharuch, was arrested on November 17 last year and completes 180 days in judicial custody tomorrow.
Under section 167 of CrPC, an accused can file a bail plea if charge sheet is not filed against him within 180 days in case he has been arrested under Unlawful Activities (Prevention) Act.
While NIA filed the charge sheet against ten accused on May 7, it left out two accused--Samad and Nasir Khan Pathan. It said that they will continue further investigation against them under section 173 (8) of CrPC (to produce further evidence before the Magistrate after filing charge sheet).
In its charge sheet, NIA had said that "the murder of two BJP leaders was a conspiracy by an international terror module operated by D Company to kill people from Hindu organisations and foment communal passions."
"During investigation, it was revealed that, an international terror module had been conspiring to kill selected people belonging to a particular section of the society to terrorise them and to foment communal passions," the charge sheet said.
The two BJP leaders - former party president of Bharuch district and senior RSS member Shirish Bangali and general secretary of Bharatiya Janta Yuva Morcha (BJYM) of Bharuch district Pragnesh Mistry - were shot dead by two unidentified gunmen.
