ORDER: (Per Sarang V. Kotwal, J.)

1. The Appellant is the original accused No.2 in NIA Special Case No.206 of 2023 before the learned Additional Sessions Judge and Special Judge under NIA, Greater Mumbai. He had preferred an application for bail vide Exhibit-22 before the learned Judge. It was rejected vide the order dated 21.12.2023 and hence, the Appellant has preferred the present Appeal; essentially for his release on bail in connection with the said trial. The trial arises out of the investigation into C.R.No.19 of 2022 registered with Anti Terrorism Squad (hereinafter referred to as ‘ATS’), Kalachowky police station, Mumbai, and the Appellant is facing charges under Sections 120-B, 121-A and 153-A of the Indian Penal Code (for short ‘I.P.C.’) r/w. Section 13(1)(b) of the Unlawful Activities (Prevention) Act, 1967 (for short ‘UAPA’). The Appellant was arrested on 22.09.2022 and since then he is in custody. The charges are not yet framed.

2. The prosecution case as is reflected in Column 16 of the charge-sheet, is as follows:

The first informant API Rohit Rasam, ATS, Kalachowky, Mumbai, received a secret information that the members of the organization known as Popular Front of India (hereinafter referred to as ‘PFI’) were conspiring together to revolt against the Government of India. The charge-sheet mentions the information related to their members Mazhar Khan, Momin Moinuddin Gulam Hussain @ Moin Mistry, Mohammad Iqbal Ibrahim Khan, Mohammad Asif Adhikari and the present Appellant. They had arranged different programs in February 2022 at Dharavi, Kurla, Chembur, Trombay etc. It is further mentioned that the object of their activities was to bring the majority of the population of this nation under control, to establish the rule of their own religion and to substitute the Constitution of India with their own personal law. The Appellant and Mohammad Asif Adhikari had knowledge of law. They educated other associates regarding the lacunae in the law. Mazhar Khan was identifying vulnerable youth and used to recruit them with PFI. Moin Mistry was well versed in computer and mobile phone technology. He used to educate the members as to how the digital data and equipments should be concealed from the investigating agencies. Mohammad Iqbal used to give physical education. Based on this information, C.R.No.19 of 2022 was registered at ATS Kalachowky police station, Mumbai. The charge-sheet thereafter mentions the material against each of these members-accused. The charge-sheet contains statements, panchanamas and other material collected during investigation. The Column 16 of the charge-sheet itself refers to the gist of the statements of various witnesses supporting the accusations. Subsequently, Sections 201 and 116 of the I.P.C. were added. There is a reference to C.R.No.20 of 2022, C.R.No.21 of 2022, C.R.No.22 of 2022 and C.R.No.23 of 2022 registered at the same police station against different accused. There were allegations that, all those accused in these different offences were in touch with each other. To achieve their objective, contribution was collected from the members of their community.

3. On 16.01.2023, the Additional Chief Secretary to the Home Department accorded sanction for prosecution against the Appellant and the other accused, for taking cognizance by the competent Court in respect of the said offences under UAPA. Separate sanction dated 18.01.2023 was accorded by the Government of Maharashtra for prosecution under the provision of Section 196(1) of the Cr.P.C.

4. We have heard Mr. Mihir Desai, learned Senior counsel for the Appellant and Mr. Yagnik, learned APP for the State.

5. While making submissions, both the learned counsel referred to various statements of the witnesses. However, for the safety of those witnesses, their names were masked in these statements and it would not be proper to name those witnesses in this order, as well. Therefore, while referring to these statements we have