The court granted bail due to insufficient prima facie evidence against the Appellant and prolonged pre-trial detention exceeding three years.

JUDGMENT :

A.S. Gadkari, J.

1. Appellant, Accused No.11, has preferred this Appeal under Section 21(4) of the National Investigation Agency Act, 2008 (for short, ‘the NIA Act’ ) impugning the Order dated 6th April, 2023 passed below Bail Application Exh-648 in NIA Special Case No.414 of 2020. By the impugned Order, the learned Special Judge, Greater Mumbai (for short, ‘the trial Court’) has rejected the Application for bail of the Appellant.

2. Heard Dr. Yug Mohit Chaudhry, learned counsel for the Appellant, Mr. Devang Vyas, learned Additional Solicitor General of India for the Respondent No.1-NIA and Smt. Pai, P.P. for the Respondent No.2-State.

3. Appellant is Accused No.11 as per the charge-sheet submitted by Respondent No.1, National Investigation Agency (for short “NIA”) in FIR No.RC-01/2020/NIA/MUM registered by it under Sections 120-B, 115, 121, 121-A, 124-A, 505(1)(b) and Section 34 of the Indian Penal Code, 1860 (for short “the IPC”) and under Sections 13, 16, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (for short “UAP Act”).

4. Facts which emerged from record and necessary for adjudication of the present Appeal can be summarized as under:-

i) On 31st December, 2017, Bhima Koregaon Shaurya Din Prerana Abhiyan organized an event called ‘Elgaar Parishad’ in Shaniwarwada, Pune (for short “Elgar Parishad Program”). It was decided to celebrate 200th anniversary of the historic battle of Bhima Koregaon on 1st January, 2018 by more than 200-250 Social organizations under the banner of ‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ . The program was held from 2.30 p.m. to 10.00 p.m.. On 1st January, 2018, mobs bearing saffron flags attacked persons travelling to and returning from Shaniwarwada, Pune. There was large scale violence and one youth lost his life.

ii) A Zero(0) FIR was registered on 2nd January, 2018 at Pimpri Chinchwad Police Station, Pune by an eye-witness, Ms. Anita Salve, under various provisions of IPC, Arms Act, 1959, Maharashtra Police Act, 1951 and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for short “SC & ST Act”) alleging involvement of Sambhaji Bhide, Milind Ekbote and their followers for the attack and violence. A State wide bandh was also called by several Dalit, OBC, Maratha and Muslim organizations against the attacks across Maharashtra State thereafter.

iii) On 8th January, 2018, first informant Mr. Tushar Damgude, registered FIR No.4 of 2018 under the provisions of Sections 153-A, 505(1)(b), 117 read with Section 34 of IPC stating that, the Elgar Parishad Program organized at Shaniwarwada, Pune on 31st December, 2017 was attended by him at around 2.00 p.m., wherein there were a few speakers, compere, singers and other performers who performed on stage. That, the speakers gave provocative speeches, their performances were provocative in nature and had the effect of disrupting communal harmony. It is stated that, banned terrorist organization Communist Party of India (Maoist) (for short “CPI(M)”) had an organizational role to play in arranging the said program. CPI(M) wanted to infiltrate, inculcate and permeate its ideology amongst the masses, mostly impoverished classes and misguide them towards violent unconstitutional activities. According to the complainant, Kabir Kala Manch's (for short “KKM”) Sudhir Dhawale, other members and activists had performed provocative street plays in different areas of Maharashtra earlier, made malice speeches and spread false history, made disputable statements and objectionable slogans inciting passion and hatred to disrupt communal harmony, sung songs and participated in road dramas. On 31st December, 2017, these very activists amongst others performed skit/stage plays at the 'Elgar Parsihad Program’. As a direct result of which, on 1st January, 2018 there were incidents of violence, arson, stone pelting and caused death of an innocent person near Bhima Koregaon, Pune.

iv) Houses of Sudhir Dhawale (Accused No.1), Ron