2022:BHC-AS:22375-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 351 OF 2022 Hany Babu Aged about 54 years, Currently incarcerated as UTP M.B. 271 at Taloja Central Prison, Navi Mumbai Otherwise R/o. C 2102, Hyde Park, Sector 78, Noida, U.P. 201304 … Appellant V/s.

1. National Investigation Agency (FIR No. 1 of 2020)

2. State of Maharashtra ... Respondents …...

Dr Yug Mohit Chaudhary for the Appellant.

Mr Anil C. Singh, Additional Solicitor General with Mr. Sandesh Patil, Mr Chintan Shah for the Respondent No.1.

Ms S.D. Shinde, Assistant Public Prosecutor for the Respondent No.2.

…...

CORAM: NITIN JAMDAR AND N.R. BORKAR, JJ.

Dated : 19 SEPTEMBER 2022 JUDGMENT : (Per Nitin Jamdar, J.)

By this appeal filed under Section 21(4) of the National Investigation Agency Act, 2008, the Appellant has challenged the judgment and order dated 14 February 2022 passed by the Special Court (NIA), Greater Mumbai rejecting the application filed by the Appellant for bail. The Appellant prays that he may be released on bail on such reasonable terms and conditions as the Court may deem fit.

2. The Appellant is accused No.12 in Special Case No.414/2022, pending before the Special Court (NIA), Greater Mumbai. The Appellant was arrested on 28 July 2020. According to Respondent - NIA, the investigation has revealed that the Appellant and the other named accused are members of the Communist Party of India (Maoist)- CPI (Maoist), a banned terrorist organisation and are deeply involved in furthering its agenda through different means. The main agenda of CPI (Maoist) was to establish a 'people's Government' by a revolution aided by a protracted armed struggle to undermine and seize power from the State. According to Respondent NIA, the Appellant is alleged of the offences punishable under the Indian Penal Code (IPC) and the Unlawful Activities (Prevention)

Act, 1967 (UAP Act.)

3. Facts leading to this appeal, as seen from the supplementary charge sheet filed by NIA, are as follows.

3.1 An FIR No. 4 of 2018 was filed on 8 January 2018, stating that a program was organised at Shaniwar Wada, Pune, on 31 December 2017 under the banner of one Elgar Parishad. Short plays, dances and songs were performed on the stage. The speakers gave provocative speeches and distributed pamphlets. The performances were also provocative and had the effect of disrupting communal harmony. The Complainant stated that the banned terrorist organisation CPI (Maoist) had a role in organising the program. It wanted to inculcate and boost its ideology and thoughts amongst the impoverished classes and misguide them toward violent unconstitutional activities. The activists of Kabir Kala Manch, who performed at the event, perpetuating the object of CPI (Maoist) with distorted historical narration, incited the masses by raising objectionable slogans. This led to violence and the death of an innocent person near Bhima Koregaon near Pune on 1 January 2018. 3.2 Houses of Rona Wilson, Surendra Gadling, Sudhir Dhawale, Harshali Potdar, Sagar Gorakhe, Deepak Dhengale, Ramesh Gaichor and Jyoti Jagtap were searched by the police. The articles and material seized during the search were sent to Forensic Science Lab, Pune. The analysis of seized electronics/digital articles confirmed that the accused Surendra Gadling, Rona Wilson, Shoma Sen, Mahesh Raut, Comrade M. @ Milind Teltumbade (now deceased), Comrade Prakash @ Navin @ Ritupan Goswami (absconding), Comrade Manglu (absconding), Comrade Dipu (absconding) were involved in the crime. During the investigation, the investigating officer invoked the provisions of Sections 13, 16, 17, 18, 18(B), 20, 38, 39, and 40 of the UAP Act.

3.3 The accused Surendra Gadling, Rona Wilson and Sudhir Dhawale were arrested on 6 June 2018. The residences of Shoma Sen and Mahesh Raut were searched, and the Police seized digital devices and other articles. On 6 June 2018, Shoma Sen and Mahesh Raut were arrested. The articles and materi