Heard Sri Ravi Kiran Jain, Sri D.S. Mishra assisted by Sri Ankur Sharma for the applicant and Sri J.P.N. Raj for the State.

2. The applicant and her husband Sri Vishwa Vijay @ Kamal are sought to be prosecuted by the State in Case Crime No. 37 of 2010 under the provisions of the Unlawful Activities (Prevention) Act, 1967 read with a couple of Sections under the Indian Penal Code. The unlawful activities in essence are said to be related to an association of individuals connected with the Communist Party of India (Maoist), now included as a Terrorist Organization in The Schedule appended to the 1967 Act under a notification dated 22.6.2009.

3. The present bail application is on behalf of the applicant Smt. Seema Azad wife of Vishwa Vijay stated to be operating along with her husband in the aforesaid unlawful activities of spreading violence and instigating the public at large to wage war against the State. The activities of the applicant are alleged to have its connections with such similarly involved persons and their linkage is alleged to be established through evidence discovered by the investigating agency. For this a recovery of substantial material in the form of printed pamphlets and booklets containing intimidating and incriminating literature is said to have been made from the applicant as well. Apart from this a couple of witnesses who have given the statement identifying the applicant and her husband is the evidence which has been collected to have given rise to the prosecution and the consequential arrest of the applicant.

4. Sections under which the applicant is sought to be prosecuted are Sections 18/20/21/23(2) of the Unlawful Activities Act, 1967 read with Sections 120-B/121/121-A of the Indian Penal Code. The allegations are in essence of the applicant being involved in a conspiracy of terrorist activities and aiding and abetting them.

5. The applicant in Paragraph 26 of her application admits herself to be the organizing Secretary of the U.P. Chapter of People's Unions For Civil Liberties. The said organization is said to be founded by the Late Sri Jai Prakash Narain and an eminent jurist Sri V.M. Tarkunde was its founder president. The applicant, being an influential person by virtue of her such position, has been charged with offences which are not even remotely made out and as a matter of fact the applicant is sought to be prosecuted because of her alleged connections which is nothing else but a mere political association with no connection with any terrorist activity.

6. According to the applicant the word "Maoist" does not by itself include a Naxalite and the whole story has been widely reported as if the applicant and her husband were involved in an internal war against the State. It has also been stated that the applicant and the co-accused are not required for any further investigation and the police had sought remand which was rejected by the Magistrate and the revision filed by the State has also been dismissed.

7. It may be noted at this stage that the State filed an application under Section 482 Cr.P.C. being Criminal Misc. Application No. 9106 of 2010 in which a direction has been issued to the Learned Magistrate concerned to reconsider the application for police remand by passing a fresh order in accordance with law. The order earlier passed by the Magistrate on 6.3.2010 were set aside. It is further directed that the Magistrate shall proceed to pass the order of remand ignoring the earlier refusal on the first application as noted above.

8. Sri D.S. Mishra learned counsel for the applicant invited the attention of the Court to the order dated 23.4.2010 passed in the same matter whereby the learned Single Judge who had passed the order in Section 482 Cr.P.C. on 19.4.2010. The matter was again heard on a recall application filed by the applicant whereby the learned Single Judge directed the Magistrate not to pass any effective orders on the remand application. The matter was posted