J U D G M E N T

MANOJ JAIN, J

1. Present appeal has been filed by appellant Amar Abdul Rehman (A-10) challenging impugned order1 whereby his bail application has been dismissed.

Order dated 22.12.2023, passed by ld. Special Judge, Patiala House Courts

2. It has been prayed that said order be set aside and as a necessary corollary, he may be released on regular bail.

3. Let us first take note of background facts, germane for disposal of the appeal in hand.

4. There was credible information with Central Government that one Mohammed Ameen Kathodi@ Abu Yahya (A-1), having allegiance with proscribed terrorist organization i.e. Islamic State of Iraq and Syria (ISIS), had been running various ISIS propaganda channels on several secured social media applications. Through these channels, he had been dispersing violent Jihadi ideology of ISIS and radicalizing and recruiting impressionable and gullible Muslim youths.

5. As per the investigating agency, he (A-1) and his associates had planned to undertake 'Hijrah' (religious migration) to Jammu and Kashmir (J&K) and ISIS controlled territories for engaging in terrorist acts. They had procured fake SIM cards, virtual numbers for creating several IDs on various secured social media chat platforms and used to interact with the like-minded persons for raising funds for supporting ISIS activities and for carrying out anti-national activities in India.

6. Three such persons i.e. accused Mohammed Ameen Kathodi @ Abu Yahya (A-1), Mus'Hab Anwar (A-2) and Rahees Rasheed (A-3) were arrested on 15.03.2021. The material collected during the investigation revealed their complicity as they were found to be the members of banned terrorist organization ISIS. The first chargesheet qua them was filed by National Investigating Agency (NIA) on 08.09.2021 for committing various offences punishable under IPC and Unlawful Activities (Prevention) Act, 1967 (in short ‘UAPA’).

7. It was also, however, mentioned in the chargesheet that there were eight other accused persons who had also been arrested in the present matter and investigation was going on against them as well as qua few others.

8. The appellant (A-10) herein had been arrested on 04.08.2021 and supplementary chargesheet qua him and other accused persons was filed on 28.01.2022.

9. The allegations qua the appellant have been elaborated from paragraph number 17.98 onwards in such supplementary chargesheet.

10. According to NIA, these are, broadly speaking, as under: -

i. Appellant Ammar Abdul Rahiman (A-10) was highly radicalized towards ISIS. He entered into criminal conspiracy with known & unknown ISIS members for undertaking 'Hijrah' to J&K and other ISIS controlled territory to join (ISIS) for establishment of Caliphate2 and to carry out the activities of ISIS in India.

ii. In terms of criminal conspiracy, fake SIMs, virtual numbers were procured for creating several IDs to circulate ISIS propaganda material to radicalize susceptible Muslim youth for joining ISIS.

iii. Appellant‟s mobile phone was seized and its scrutiny (D-140) revealed that he had downloaded videos related to ISIS and brutal killings from Instagram using screen recorder option.

iv. The photographs of global terrorist Osama-Bin-

Laden, Jihad promotion, ISIS flags etc. were also found in his digital devices which established his radical mindset and association with ISIS. From the web history, links of lectures of Muslim hard-line preacher Anwar AlAwlaki were also found.

v. He had also been following Pro-ISIS Instagram entities3 Further, screenshot of Instagram account "strangersonhaqq” had also been found in his device which was also retrieved from the digital devices of his co-accused persons which confirm and corroborate that they all were part of same conspiracy.

2 Creating Islamic form of government

3One_banner_of_tawheed', 'Sheikh Ahmad Moosa Jibrail', 'Al.ansaaree (jihad)', 'Muwaheed_888', 'Abu.sayfullah.shishan', 'Milat-e-ibrahim' 'Muvahhideen_99', 'Doamuslims' etc.

vi. Appellant had also instal