The absence of direct evidence linking accused to terrorist activities undermines prima facie accusations, warranting bail despite membership in a banned organization.

JUDGMENT

(Prayer: Criminal Appeal filed under Section 21[4] of the National Investigation Agency Act, 2008,`against the impugned order passed by the learned Special Court under the National Investigation Agency Act, 2008, [Sessions Court for Exclusive Trial of Bomb Blast Cases, Poonamallee, Chennai] in bail application in Crl.MP.No.742/2022 in RC.No.42/2022/NIA/DLI dated 03.01.2023 pending on the file of the respondent. Criminal Appeal filed under Section 21[4] of the National Investigation Agency Act, 2008,`to set aside the order passed in Crl.MP.No.722/2022 dated 03.01.2023 on the file of the Special Court under the National Investigation Agency Act, 2008, Sessions Court for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee, Chennai and grant bail to the appellants in Rc.No.42/2022/NIA/DLI pending on the file of the respondent.)

COMMON JUDGMENT

S.S. SUNDAR, J.

(1) All the above three Criminal Appeals are connected and arising out of the proceedings in relation to RC.No.42/2022/NIA/DLI involving common issues and hence, the Appeals are taken up together for hearing and are disposed of by this common judgment.

(2) Totally, there are 13 named accused and other unknown accused in RC.No.42/2022/NIA/DLI.

(3) Crl.A.No.98/2023 is filed by the appellant who is arrayed as A7 out of 13 named accused, against the order passed by the Special Court under the National Investigation Agency Act, 2008, which is also the Sessions Court for Exclusive Trial for Bomb Blast Cases, Chennai at Poonamallee, dated 03.01.2023 in Crl.MP.No.742/2022 in RC.No.42/2022/NIA/DLI, dismissing the bail application filed for bail under Section 43 7 read with 439 of Cr.P.C. and 43[D] of the Unlawful Activities [Prevention] Act, 1967 [hereinafter referred to as UAPA ]. Crl.A.Nos.114 and 16/2023 are preferred by A1, A3, A4 [Crl.A.No.114/2023], A5, A6, A8 and A9 [Crl.A.No.116/2023] against the order passed in Crl.MP.No.722/2022 dismissing the bail applications filed by them under Section 43 7 read with 439 of Cr.P.C. and 43[D] of UAPA .

(4) Brief facts that are leading to the above three appeals are as follows:-

(5) It appears that the Central Government has received information that the office bearers, members and cadres of an Organization known as ‘’Popular Front of India [hereinafter referred to as PFI] having its registered office at New Delhi and its Unit office all over India, along with others are conspiring and collecting funds within India and abroad for committing terrorist act in various parts of India including States of Kerala, Tamil Nadu, Karnataka, Uttar Pradesh etc. The First Information Report was registered in RC.No.14/2022 on 13.04.2022. The complaint was registered against 21 named individuals and other unknown persons by the National Investigation Agency [hereinafter referred to as NIA] before the Police Station, NIA, New Delhi, for offences under Sections 120B and 153A of IPC and under Sections 17 , 18, 18B, 20, 22B, 38 and 39 of UAPA . Following that, another