The court emphasized that bail applications under the UAPA require consideration of prima facie evidence and the severity of the accusations against the accused; strict adherence to statutory provisions must be maintained.

JUDGMENT

Siddharth Mridul, J.

1. The present appeal under Section 21 (4) of the National Investigating Agency Act, 2008 (hereinafter referred to as `the NIA Act') read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Cr.P.C.') assails the order dated 07.01.2023 passed by the Additional Sessions Judge-03, Special Judge (NIA), Patiala House Courts, New Delhi, in the case arising out of RC-29/2021/NIA/DLI, registered by the NIA under Sections 120B, 121A, 122, 123 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as `IPC') and under Sections 18 , 18A, 18B, 20, 38 & 39 of the Unlawful Activities (Prevention) Act, 1967, (hereinafter referred to as `the UAPA Act'), whereby the bail application instituted on behalf of the appellant was dismissed.

2. Briefly, the facts as are necessary for the adjudication of the present appeal are encapsulated as under:

2.1. It is the case of the prosecution that an FIR was registered subsequent upon the receipt of intelligence regarding the incubation of a larger conspiracy in the Kashmir valley. It is alleged by the prosecution, that the conspiracy, encompassed both the physical realm, as well as in the digital domain and had been orchestrated by violent and proscribed terrorist groups, including Lashkar-e-Taiba (LeT), Jaish-E-Mohammed (JeM), Hizb-ul-Mujahideen (HM), Al-Badr, as well other terrorist groups pointed elaborated in the charge sheet. It is further alleged that these groups were allegedly associated with entities such as `The Resistance Front (TRF), People Against Fascist Force (PAFF), and Mujahideen Ghazwat-ul-Hind (MGH)'.

2.2. It is furthermore alleged that, during the course of the investigation, it was unearthed that, the aforementioned terrorist groups, in collaboration with their facilitators and leaders based in Pakistan, along with their Over-Ground Workers within India, were involved in influencing and radicalizing susceptible local youth. It is also alleged that, the objective was to recruit and train these young individuals for participating in acts of terrorism, which included handling weapons, ammunition, and explosive materials. These actions were intended to execute acts of terrorism, involving attacks on civilians and security forces, with the intention of spreading fear within the Kashmir Valley and in various regions of India, subsequent to the revocation of Article 370 from the Constitution of India.

2.3. It is further the case of the prosecution that, based on the abovementioned intelligence, the National Investigation Agency (NIA) lodged the present FIR No: RC 29/2021INIA/DLI under Sections 120B, 121A, 122, 123 of the IPC, and Sections 18 , 18A, 18B, 20, 38, 39 of the UAPA Act. It is alleged in the charge sheet that the investigation had revealed that the larger conspiracy was masterminded by high-ranking leaders of various terrorist organizations, including Lashkar-e-Taiba (LeT), Hizb-ul-Mujahideen (HM), Al-Badr and other entities situated in Pakistan. It is further alleged that, the conspiracy was conceived subsequent to the revocation of Article 370, with the objective of reigniting acts of terrorism in Jammu and Kashmir, as well as, in other regions of India and to accomplish this malevolent objective, a central organization known as the "United Jihad Council" (UJC) was established as part of a larger conspiracy, in collaboration with other proscribed terrorist groups.

2.4. It is further alleged that, the entire operation was orchestrated under the guidance and support of Pakistan's Int