Prima facie evidence and legal provisions of the UAP Act were crucial in determining the accused's involvement in the alleged offences.

JUDGMENT

SHIVASHANKAR AMARANNAVAR,J. - This appeal is filed by accused No. 3 challenging the order dtd. 28/7/2021 in Spl.C.C. No. 595/2021 on the file of XLIX Additional City Civil and Sessions Judge, Special Court for trial of NIA Cases, Bengaluru, rejecting his bail application filed under Sec. 439 Cr.P.C.

2. Brief facts of the case are that on 20/3/2020, a case in R.C. No. 11/2020/NIA/DLI was registered at NIA Police Station, New Delhi, under Ss. 120-B, 124-A and 153-A of the IPC and Ss. 13 and 20 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as 'UAP Act') which arose out of FIR No. 85/2020 dtd. 8/3/2020 of Special Cell (SB) Police Station, Lodhi Colony, New Delhi, after arrest of Jahanzaib Sami and his wife Hina Bashir Beigh on 8/3/2020, for having affiliation with the banned terrorist organization, viz., Islamic State Khorasan Province/ISKP, which is a part of banned terror organization ISIS/Daesh and both were planning some subversive activities in India. During investigation of the said case, another accused - Abdullah Basith was also arrested on 17/3/2020. It further reveal that during investigation, three more accused persons including Abdur Rahman @ Dr. Brave son of Nassrulla Sharief was arrested on 17/8/2020. During custodial interrogation of Abdur Rahman, he revealed that he along with Afroz Ahmed/P.W.1 (C.W.1) visited Syria in 2013-14 and his visit was funded by the members of group viz., Quran Circle. His examination revealed that pro-ISIS activities are active in Bengaluru, in identifying and radicalizing gullible Muslim youth, recruiting, raising funds and facilitating their visit to Syria, illegally via Turkey, for jointing and fighting for ISIS. It further reveal that thereafter, as per the direction of Ministry of Home Affairs, the NIA registered this case on 19/9/2020, under Ss. 120-B and 125 of the IPC, 1860 and Ss. 17, 18 and 18-B of UAP Act. As per the charge sheet, it reveal that the investigation has established that the accused Nos. 3 and 5 entered into criminal conspiracy along with accused Nos. 1, 2 and 4 and other associates to wage war against Syria, which is an Asiatic power in alliance with Government of India, by radicalizing, recruiting gullible Muslim youth, raising funds, and sending them to Syria illegally, via Turkey to join ISIS and to further the ideology and activities of ISIS. This accused was said to have been arrested on 7/10/2020 along with accused No. 5 - Ahamed Abdul Cader and there is allegation of conspiracy by these accused with absconding accused Nos. 1, 2 and 4 and other known and unknown associates based in India as well as in Abroad. In the year 2008 accused No. 3 through his collegemate Anas Khalid Chinoy came across with one Faiz Masood, who used to listen lectures of Islamic hardliner preaches and accused No. 3 also started to listen the lectures. There is allegation that this accused No. 3 attended the IQRA camp and got influenced by the lectures and one Faiz Masood took accused No. 3 to Lalbagh Masjid, Bengaluru, where both of them attended Hizb-Ut-Tehrir (HUT) meeting. The said HUT is said to be a banned organization. There is further allegation that this accused went to the residence of one Faiz Masood and paid Rs.80,000.00 in order to help him to visit Syria for joining ISIS. Even this accused and others went to Bengaluru Airport to drop said Faiz Masood for visiting Syria. Event here is allegation that the accused No. 3 paid Rs.50,000.00 to one Anas Faruq/P.W.2 (C.W.2) to visit Syria and join ISIS. Accused No. 5 is alleged to have paid Rs.20,000.00 to the said Faruz for the said purpose. Accused Nos. 3 and 5 were found in contact with co- accused persons and associates through secured social medial applications. Thus, after conclusion of investigation, the NIA has filed charge sheet against these two accused persons.

3. Appellant - accused No. 3 filed application under Sec. 439 Cr.P.C. before the Special Court contending that he never had an