IMPORTANT POINT
Bail cannot be granted to terror activists.

JUDGMENT

A.S. Gadkari, J.—All the above mentioned Appeals are being decided together by this common Judgment, as they arise from same Crime Number, same set of facts and also involve common questions of law.

1.1. The common thread in all these Appeals is a prayer for bail under Section 439 of the Criminal Procedure Code (for short, “Cr.P.C.”) in Special Sessions Case No.24 of 2023, pending on the file of learned Special Judge, Nashik, arising out of C.R. No.20 of 2021, registered with Anti-Terrorist Squad Police Station, Kalachowki, Mumbai, under Sections 121-A, 153-A, 120-B, 109, 116, 201 of the Indian Penal Code (for short, ‘I.P.C.’) and under Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967, (for short, “the UAP Act”).

1.2. The Appellants are original Accused Nos.3, 2 and 6 respectively as per the charge-sheet in the said crime. For the sake of brevity, the Appellants hereinafter will be referred to as per their original status in the charge-sheet i.e. Accused Nos.3, 2 and 6.

2. The Appellant, Accused No.3 has impugned Order dated 13 th April, 2023 passed below Exh-1 in Criminal Bail Application No.324 of 2023, by the learned Special Judge, Nashik, rejecting his Application for bail.

2.1. The Appellant, Accused No.2 has impugned Order dated 24th August, 2023 passed below Exh-6 in Special (ATS) Case No.24 of 2023, by the learned Special Judge, Nashik, rejecting his Application for bail.

2.2. The Appellant, Accused No.6 has impugned Order dated 10th November, 2023 passed below Exh-11 in Special (ATS) Case No.24 of 2023, by the learned Special Judge, Nashik, rejecting his Application for bail.

3. Heard Mr. Mundargi, learned senior counsel for Appellant in Criminal Appeal No.883 of 2023, Mr. Desai, learned senior counsel for Appellant in Criminal Appeal No.1151 of 2023, Mr. Kazi, learned Advocate for Appellant in Criminal Appeal No.206 of 2024 and Mrs. Takalkar, learned A.P.P. for Respondent-State in all Appeals. Perused entire record produced before us and Affidavits-in-Reply filed by the Investigating Officers dated 24th November, 2023, 17th January, 2024 and 19th March, 2024 respectively.

4. Record reveals that, the first information report herein is filed by Shri. Gurudev G. Kale, Assistant Police Inspector, A.T.S., Nashik on 22 nd September, 2022. It is the prosecution case that, on 14th June, 2022 between 6.15 p.m. to 7.15 p.m., an inaugural ceremony of the new office of the Popular Front of India (PFI) situated in front of Jameatus Swalehat Madarsa, Tension Chowk, Azad Nagar, Malegaon took place. At the said occasion, the Accused No.1 and other 15 to 20 persons were present. After the opening ceremony of the said office was over, a secrete meeting of the members of PFI was convened. In the said meeting, the Accused No.1 and other persons highlighted various atrocities being committed against the Muslim Community in Indian, including the incidents of mob-lynching. It was emphasized therein that, the need of unity of Muslim Community to wage a war against the country by adopting any mode. The Accused No.1 was the head of PFI, Malegaon and instigated the persons present in the said meeting to motivate people from Muslim Community with similar thinking, to enhance communication with like minded persons from the Community to create atmosphere against the Government of India and flared the emotions of people from Muslim Community. He also issued a ‘Fatwa’ and told to kill any person who would speak against the Muslim religion. He and other Accused instigated the Muslim Community to have hatred against the people of other religions so as to cause disturbance in the country. Accused No.1 also instigated Accused Nos.2 to 5 prompting them to enhance communication with people from their community to inspire them to wage a war in the State of Maharashtra and against the Government of India. The Accused No.1 attracts youngsters having extremist ideology from Muslim Community and is brainwashing them to wipe out thei