IMPORTANT POINT
Bail – Long incarceration and unlikelihood of trial being completed in near future has been taken as a ground for exercising its constitutional role by Constitutional Courts to grant bail – Accused cannot be allowed to languish in jail indefinitely without trial.

JUDGMENT

AUGUSTINE GEORGE MASIH, J.

1. Leave granted.

2. The Appellant herein has approached this Court seeking bail during the pendency of trial after dismissal of his bail application by the High Court of Patna vide impugned Order dated 28.11.2023 in Criminal Appeal (DB) No.516 of 2023. The Appellant is booked as Accused No.01 in FIR No. 827 of 2022, which was registered at Police Station Phulwari Sharif, Patna under Sections 120, 120-B, 121, 121A, 153A, 153B, & 34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”).

3. The Appellant along with a co-accused Jalaluddin Khan alias Md. Jalaluddin was arrested on 12.07.2022. Allegations against the Appellant are that he is an active member of the Popular Front of India (hereinafter referred to as the “PFI”), and he along with his associates were planning to cause disturbance during the proposed visit of Prime Minister of India to Patna, this led to the raid being conducted on 11.07.2022 at first floor Ahmad Palace, Phulwari Sharif, Patna which was taken on rent by the Appellant from co-accused Md. Jalaluddin.

4. During the raid certain recoveries were carried out, prominent amongst them was a document titled “India 2047 towards rule of Islam in India, internal Document not for circulation”. Assertions have been made in the complaint on the basis of the documents seized that the Appellant along with the other members of the PFI aimed at disrupting the sovereignty of India and cause disaffection against the country.

5. Keeping in view the seriousness of the allegations and the offences involved, Government of India vide Official Order dated 22.07.2022 directed the National Investigating Agency (hereinafter referred to as the “NIA”) to take up the investigation. Accordingly, the NIA re-registered a case as R.C- 31/2022/NIA/DLI dated 22.07.2022 under Sections 120, 120B, 121, 121A, 153A, and Section 13 of the of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as the “UAPA 1967”) and took up the investigation. After investigation, chargesheet against the Appellant was filed on 07.01.2023 under Sections 121, 121A, 122, 153A & 153B of the IPC and Sections 13, 17, 18, 18A, 18B & 20 of UAPA, 1967. However, charges till date have not been framed.

6. The learned Senior Counsel for the Appellant has asserted that the seizure of documents as has been alleged from the rented accommodation of the Appellant is highly suspicious and doubtful rather it is concocted and manufactured. As per the seizure memo/list, the recovery has been made from the second floor of Ahmad Palace which according to the prosecution itself was never in possession of the Appellant rather it is the first floor which was on rent with the Appellant. Even the rent deed on which reliance has been placed mentions explicitly about the first floor.

7. It is contended that going by the allegations against the Appellant, no offence under the UAPA, 1967 or even the predicate offence is made out. He submits that primary allegations are with regard to the alleged recovery seven-page document titled “India 2047 towards rule of Islam in India, internal document, not for circulation” which contained various recitals relatable to an Islamic rule which is to be established in India. It is contended that there are no independent witnesses to the alleged recovery seizure memo/list. As also the said document does not in any manner talk about any terrorist activities or overt act to be carried out which would create disharmony or religious hatred.

8. The learned Senior Counsel for the Appellant further submits that PFI has been banned vide a Gazette Notification dated 28.09.2022 issued by the Government of India for a period of five years. On the date when the raid was conducted i.e. 11.07.2022 and on the date of the Appellant’s arrest i.e. 12.07.2022, PFI was legally constituted organisation. Till date, this organisation has not been declared a terrorist organisation. He asserted that the chargesheet as has b