IMPORTANT POINT
Bail cannot be granted to active member of a terrorist organisation.

JUDGMENT

Miliind N. Jadhav, J.—By this Appeal, filed under Section 21(4) of the National Investigation Agency Act, 2008 (for short “NIA Act”), Appellant has challenged the Judgment and Order dated 14.02.2022 passed by the Special Judge, Greater Bombay (for short “Trial Court”) in NIA Special Case No.414 of 2020, rejecting the Appellant’s Bail Application.

2. Appellant is arraigned as accused No. 15 in FIR No.RC-01/2020/NIA/MUM registered by National Investigation Agency (for short “NIA”) under Sections 120B, 115, 121, 121A, 124A, 153A, 505(1)(B) and 34 of the Indian Penal Code, 1860 (for short “IPC”) and Sections 13,16,18,18A, 20, 38, 39 and 40 of Unlawful Activities (Prevention) Act, 1967 (for short “UAP Act”).

3. Facts which emerge for consideration of the present Appeal, are as under:—

(i) On 31.12.2017, Bhima Koregaon Shaurya Din Prerana Abhiyan organised an event called ‘Elgaar Parishad’ in Shaniwar-wada, Pune. It was decided to celebrate 200th Anniversary of the historic battle of Bhima Koregaon on 01.01.2018 by more than 200-250 social organisations under the banner of ‘Bhima Koregaon Shaurya Din Prerana Abhiyan’ led by Hon’ble Justice (Retd.) P.B. Sawant and Hon’ble Justice (Retd.) B.G.Kolse Patil. On 01.01.2018, 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 02.01.2018 at Pimpri Chinchwad Police Station, Pune by eye-witness Ms. Anita Salve under various provisions of Indian Penal Code, 1860, Arms Act,1959, Maharashtra Police Act, 1951 and Scheduled Castes and Scheduled Tribes (Previsions 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 organisations against the attacks across Maharashtra State thereafter.

(iii) On 08.01.2018, first informant Mr. Tushar Damgude, registered FIR No. 4 of 2018 under the provisions of Sections 153-A, 505(1)(b), 117 read with 34 of IPC stating that, the Elgar Parishad event 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. The speakers gave provocative speeches, their performances were provocative in nature and had the effect of disrupting columnal harmony. It is stated that the banned terrorist organisation CPI (Maoist) (for short “CPI(M)”) had an organisational role to play in the said programme. CPI(M) wanted to infiltrate, inculcate and permeate its ideology amongst the masses, mostly impoverished classes and misguide them towards violent uncontitutional activities. According to 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 performed skit / stage plays at the ‘Elgar Parsihad’ event, as a direct result of which there were incidents of violence, arson, stone pelting and death of an innocent person near Bhima Koregaon, Pune on 01.01.2018.

(iv) Houses of Rona Wilson (Accused No. 2), Surendra Gadling (Accused No. 3), Sudhir Dhawale (Accused No.1), Harshali Potdar, Sagar Gorakhe (Accused No. 13), Deepak Dhengale, Ramesh Gaichor (Accused No. 14) and Appellant Jyoti Jagtap (Accused No. 15) were searched by the police. Articles and material seized during the search were sent to Forensic Science Laboratory, Pune. The analysis of seized electronics/digital articles confirmed that accused Surendra Gadling, Rona Wilson, Shoma Sen (Accused No. 4), Mahesh Raut (Accused No. 5), Comr