The principle of parity in bail applications allows for equality among co-accused, emphasizing the right to a speedy trial and the unjust nature of prolonged incarceration without conviction.

JUDGMENT :

K.V. Jayakumar, J.

1. This appeal has been preferred by accused No.2 against the order of the Special Court for the Trial of NIA Cases, Ernakulam dated 11.04.2025 in Crl.M.P.No.106/2025 in S.C.No.1/2024/NIA. By the impugned order, the learned Special Judge dismissed the bail application filed by the appellant/accused No.2.

Prosecution Case

2. The prosecution case as revealed from the final report is as follows:

2.1 The Central Government received credible information that, an ISIS/IS-KP Module was working secretly with the purpose of committing acts prejudicial to the sovereignty and integrity of India by conspiring to target certain prominent members of society and religious places of the other communities to commit terrorist acts and to create communal disharmony in the society. As part of the larger conspiracy to further the activities of the ISIS/IS-KP, a proscribed terrorist organization, the members of the module identified gullible Muslim youths and radicalized them through encrypted communication channels to join ISIS/IS-KP. In order to raise funds for furthering the activities of ISIS/IS-KP, they have committed criminal/illegal activities.

2.2 The Central Government was of the opinion that the above activities have serious ramifications. Accordingly, the Ministry of Home Affairs, Government of India vide order F.No.11011/58/2023/NIA dated 10.07.2023 directed the NIA to take-up investigation of the matter and a case was registered as FIR No.RC-02/2023/NIA for offences under sections 120B and 153A of IPC, Section 17, 18, 18B, 20, 38, 39 and 40 of Unlawful Activities (Prevention) Act at NIA Police Station, Kochi on 11.07.2023, against Mr.Mathilakath Kodayıl Ashif @ Ashif (A-1), Seyid Nabeel Ahammed @ Nabeel (A-2), Shiyas T.S. (A-3), Rayees P.A. (A-4) and others and investigated the case.

2.3 It is stated that the 1^st and 2^nd accused were active cadres of erstwhile National Democratic Front (NDF) and subsequently of Popular Front of India (PFI). The first accused, after acquiring physical and arms training from Green Valley, a PFI training centre had participated and carried out murder for PFI. The 2^nd accused had participated in violent agitations on behalf of PFI. The 1^st and 2^nd accused, while employed in Qatar, had worked for India Fraternity Forum (IFF), an overseas forum of PFI.

2.4 While the 1^st and 2^nd accused were working in Qatar, they had acquainted with one Abu Tahir, who was also working with India Fraternity Forum (IFF) and had subscribed to violent pro-Jihad ideologies of Jabath al Nusrah, precursor to ISIS. Abu Tahir had later physically joined Jabath al Nusrah in Syria. Abu Tahir had instilled the ideology of Jabath al Nusrah and incited the 1^st and 2^nd accused to violent jihadi ideologies while working with IFF in Qatar.

2.5 In the year 2016, while in Qatar, the 1^st and 2^nd accused associated with one Abu Bara @ Shihas, an accused in RC-02/2016/NIA/KOC and other Indian nationals who had joined ISIS in Afghanistan or Syria, through encrypted online media, and got further radicalised to pro-ISIS ideologies. Consequent to their radicalisation, the 1^st and 2^nd accused, while in Qatar, planned to perform Hijrah to physically join ISIS in their controlled territories. However, due to various restraints, including financial, they were unable to migrate to Syria. Accordingly, they further conspired while in Qatar to