IMPORTANT POINT
The court reaffirmed that anticipatory bail is not maintainable under Section 43D(4) of the UAPA in cases involving serious charges of terrorism, emphasizing the need for custodial interrogation in such matters.

JUDGMENT :

Vipul M. Pancholi, J.

All the five appeals, i.e., Criminal Appeal (DB) No.914 of 2023 (Manzer Parwez @ Manzar Perwez Vs. The Union of India through the National Investigation Agency Bihar), Criminal Appeal (DB) No. 810 of 2023 (Abdur Rahman @ Abdul Rahman Vs. The Union of India through the National Investigation Agency Bihar), Criminal Appeal (DB) No. 811 of 2023 (Mahboob Alam @ Mahboob Nadwi Vs. The National Investigation Agency Bihar), Criminal Appeal (DB) No. 890 of 2023 (Shamim Akhtar S/O Md. Wasimuddin Vs. The Union of India through the National Investigation Agency India) and Criminal Appeal (DB) No. 917 of 2023 (Md. Khaliquzzaman @ Khaliquzzaman @ Khalikur Aman And Md. Amin @ Md. Amin Alam Vs. The Union of India through the National Investigation Agency New Delhi), which have been filed under Section 21(4) of the National Investigation Agency Act, 2008 (for short ‘NIA Act’) have been heard together on the issue of grant of anticipatory bail and they are being disposed of by this common order.

Factual Matrix

2. The brief facts leading to filing of the present appeals are as under:-

2.1. The Bihar Police had received an information about the plan of accused persons to cause disturbance during the proposed visit of the Prime Minister of India. On receipt of the said information, a raid was conducted by Phulwarisharif Police on 11.07.2022 at the house of Jalaluddin Khan @ Md. Jalaluddin, who had given the upper floor of his house on rent to accused Athar Parwez. From the floor of the house taken on rent by Athar Parwez, documents relating to unlawful activities aiming disrupting the sovereignty of India and to cause disaffection against the country as also for establishing Pan-Islamic rule in India by subverting the Constitution of India, were recovered. The reading of the documents so recovered suggested propagation of armed struggle and violent means to implement the aforementioned agenda.

2.2. The said Jalaluddin Khan @ Md. Jalaluddin and Athar Parwez were arrested. The said accused gave the names of other 25 persons who were also involved in the unlawful activities and, therefore, against all the accused persons, Phulwari Sharif P.S. Case No. 827 of 2022 was registered.

2.3. It further appears from the record that the Govt. of India, Ministry of Home Affairs, after considering the nature and gravity of the offence, directed the National Investigation Agency (in short the NIA) to take up the investigation of the case vide order dated 22.07.2022. Pursuant to the said direction, the NIA re-registered the case as R.C. -31/2022/NIA/DLI dated 22.07.2022 under Sections 120, 120B, 121, 121A, 153A, 153B and 34 of the Indian Penal Code (‘IPC’ for short). Thereafter, Section 13 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’ for short) was also invoked.

2.4. As the present appellants are apprehending their arrest, they filed separate applications for grant of anticipatory bail in Special Case No. 02 of 2023/R.C. No. 31 of 2022 (arising out of Phulwari Sharif P. S. Case No. 827 of 2022) before learned Special Judge, N.I.A., Patna, Bihar.

2.5. By way of the impugned orders, the learned Special Judge, N.I.A., Patna, Bihar, rejected the applications filed by the respective appellants for grant of anticipatory bail and, therefore, the respective appellant filed separate appeal under Section 21(4) of the NIA Act.

3. We have heard Mr. Syed Masleh Uddin Ashraf, learned counsel appearing on behalf of the appellants in all the appeals and Dr. K. N. Singh, learned Additional Solicitor General for India assisted by Mr. Manoj Kumar Singh and Mr. Arbind Kumar, learned Advocates for the respondent Union of India in all the appeals.

4. At the outset, learned Advocate appearing on behalf of the appellants pointed out that the appellant of Cr. Appeal (DB) No. 914 of 2023, namely, Manzer Parwez @ Manzar Perwez is shown as accused No. 18, appellant of Cr. Appeal (DB) No. 516 of 2023, namely, Abdur Rahman @ Abdul Rahman is shown as accused N