IMPORTANT POINT
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit crimes are not afforded opportunity to obstruct justice – Judges are duty bound to explain the basis on which they have arrived at a conclusion.
(2) Open justice is premised on notion that justice should not only be done, but should manifestly and undoubtedly be seen to be done – Duty of Judges to give reasoned decisions lies at heart of this commitment.

JUDGMENT (COMMON)

K. Lakshman, J.—Heard Mr. V. Raghunath, learned Senior Counsel representing Mr. T. Rahul, learned counsel for the appellant(s) in Crl.A. Nos.797, 912, 56, 57 & 80 of 2023, Mr. Shaik Mohd. Rizwan Akhtar, learned counsel for the appellant in Crl.A.Nos.969 & 62 of 2023 and Mr. Mohd. Moinuddin, learned counsel for the appellant in Crl.A. No.61 of 2024, and also Mr. B. Narasimha Sharma, learned Additional Solicitor General of India and Mr. P. Vishnuvardhan Reddy, learned Special Public Prosecutor for National Investigation Agency (NIA) appearing on behalf of the respondent.

2. Criminal Appeal Nos.57, 62 & 61 of 2024, 912 of 2023 and 56 & 80 of 2024 are filed by accused Nos.5, 24, 7, 16, 28, 34 and 35 respectively challenging the orders, dated 13.12.2023, 15.12.2023, 19.09.2023, 08.12.2023 and 29.12.2023 in Crl.M.P. Nos.1623, 1663, 1621, 1184, 1451 and 1839 of 2023 in Spl.S.C.No.1 of 2023, respectively passed by learned IV Additional Metropolitan Sessions Judge-cum-Special Court for NIA Cases, Nampally, Hyderabad (for short (for short ‘Special Court’) dismissing the bail applications filed by them.

3. Criminal Appeal Nos.797 and 969 of 2023 are filed by accused Nos.32 and 33 respectively challenging the orders dated 14.08.2023 and 13.10.2023 in Crl.M.P.Nos.904 and 1361 of 2023 in Spl.S.C. No.2 of 2023, respectively, passed by the Special Court dismissing the bail applications.

4. The case of the NIA in brief is as follows:—

(i) The accused persons including the appellants herein, being trained cadres/members of Popular Front of India (PFI), in criminal conspiracy of establishing Islamic Rule in India by 2047, provoked and radicalizing innocent Muslim Youth, recruiting them into PFI, imparting them weapon training in PFT’s Terrorist Camps at Heaven Garden Function Hall, Kurnool, to commit violent terrorists activities, such as murdering the targeted persons with knife, sickle, iron rods etc., and the said training was with an intention to strike terror in the minds of people belonging to particular religious community.

(ii) During the course of investigation, it was revealed the intention of the accused/PFI cadres to assassinate Hindu Leaders and every person who is against establishment of Islamic rule in India and in the terrorists camps, they told the Youth not to hesitate from eliminating leaders of Hindu Organization, if situation so demands.

(iii) The acts of the accused persons were promoting the enmity between different groups in the Country. The investigation revealed that the accused persons organized weapon training camps at the aforesaid Function Hall, where newly recruited PFI Members were radicalized and trained in a coded language for using weapons like Book-1, Book-2 for hitting hard on head, knees, ankle, Book-3 attacked with koduvali/sickle and thus the accused persons are liable for prosecution. Later supplementary charge sheet was filed against accused Nos.32, 33, 34, 35 and 36 and the same was taken on file vide Special S.C. No.02 of 2023.

5. The specific allegations levelled against each of the appellants are as under:—