IMPORTANT POINT
The court established that for bail applications under the UAP Act, the prosecution must provide reasonable grounds for believing the accusations are prima facie true, and that mere membership in a banned organization does not automatically justify denial of bail.

JUDGMENT/ORDER

A.S.GADKARI, J. - Appellant, original accused No.5, has impugned Order dtd. 23/11/2021 passed below Exhibit-507 in Special Case No. 414 of 2020 alongwith Special Case No. 871 of 2020, by the learned Special Judge (N.I.A.), City Civil and Sessions Court, Greater Mumbai, rejecting his application for bail under Sec. 439 of Criminal Procedure Code (for short, 'Cr.P.C.'), by preferring present Appeal under Sec. 21 (4) of The National Investigation Agency Act, 2008 (for short 'N.I.A. Act").

2. Heard Mr.Mihir Desai, learned senior counsel for Appellant, Mr.Devang Vyas, learned Additional Solicitor General of India for Respondent No.1-NIA and Mrs.Pai, learned P.P. with Mrs.S.D. Shinde, learned A.P.P. for Respondent No.2-State. Perused entire record produced before us.

3. Appellant is arraigned as accused No.5 in FIR No. RC-01/2020/ NIA/MUM registered by National Investigation Agency (for short 'NIA') under Ss. 120-B, 115, 121, 121-A, 124-A, 153, 201, 505(1)(b) along with 34 of the Indian Penal Code, 1860 (for short 'IPC') and under Ss. 13, 16, 17, 18, 18B, 20, 38 and 39 of The Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act").

4. The facts which are necessary to decide present Appeal can briefly be stated as under :

(i) On 31/12/2017, Bhima Koregaon Shaurya Din Prerana Abhiyan, organised 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 1/1/2018 by more than 200-250 Social organisations 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 1/1/2018, 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 2/1/2018 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 (Previsions of Atrocities) Act, 1989) (for short 'SC and 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 organisations against the attacks across Maharashtra State thereafter.

(iii) On 8/1/2018, first informant Mr. Tushar Damgude, registered FIR No. 4 of 2018 under the provisions of Ss. 153-A, 505(1) (b), 117 read with 34 of IPC stating that, the Elgar Parishad Program organised at Shaniwarwada, Pune on 31/12/2017 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 organisation Communist Party of India (Maoist) (for short 'CPI(M)') had an organisational 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 31/12/2017, these very activists amongst others performed skit / stage plays at the 'Elgar Parsihad Program'. As a direct result of which, on 1/1/2018 there were incidents of violence, arson, stone pelting and caused death of an innocent person near Bhima Koregaon, Pune.

(iv) Houses of Rona Wilson (A. No. 2), Surendra Gadling (A.