Challenging the order of dismissal of his bail petition,

accused No.16 in Spl.C.C.No.320/2020 on the file of 69^th Addl.

City Civil and Sessions Judge (Spl. Court for trial of NIA cases),

Bengaluru has preferred this appeal.

2.

The brief facts of the case are as follows:

On 10.01.2020, Shri Niranjan Kumar C, Inspector, CCB,

Economic Offences Wing, Bengaluru City submitted a written

complaint at Suddaguntepalya Police Station, Bengaluru to the

effect that, Mehaboob Pasha (A-1), resident of Gurappanapalya,

Bengaluru, Karnataka in association with Khaja Moideen (A-2),

who was accused in several cases registered in Tamil Nadu

related to terrorism, murder etc. formed a terror group with

young Muslims in South India. They selected their base at

Bengaluru. They conducted several criminal conspiracy meetings

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at the house of accused Mehboob Pasha (A-1) and Zabiulla (A-

16) and at the Al-Hind Office in Bengaluru and other places in

Karnataka and Tamil Nadu since April, 2019. They propagated

the ideology of the proscribed terrorist organization ISIS. They

conspired to collect Arms and Explosives for murdering

Hindu

leaders

and

police

officers

thereby

creating

communal riots. They recruited vulnerable Muslim youths

with intention to carry out terrorist attacks in South India

especially in Karnataka and Tamil Nadu.

3.

Based on the said written complaint, Crime

No.10/2020 dated 10.01.2020 under sections 153A, 121A, 120B,

122, 123, 124A and 125 of Indian Penal Code, 1860 and section

13, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967

(‘the UAP Act’ for short) was registered at Suddaguntepalya

Police Station, Bengaluru, Karnataka against Mehaboob Pasha

(A-1) and 16 others.

4.

Subsequently, considering the gravity of the offences

and interstate and international ramifications of the same, the

Ministry of Home Affairs, New Delhi, in exercise of the powers

4

conferred under section 6(4) read with Section 8 of National

Investigation

Agency

Act

2008,

issued

its

order

vide

No.11011/11/2020/NIA dated 22^nd January, 2020, directing the

National Investigation Agency to take up the investigation of the

case. Accordingly, National Investigation Agency (NIA) re-

registered the said case in RC-04/2020/NIA/DLI, u/s 153A,

121A, 120B, 122, 123, 124A and 125 of IPC and section 13, 18

and 20 of UA (P) Act at NIA, New Delhi on 23.01.2020.

5.

After investigation NIA filed charge sheet against

accused Nos.1 to 21 for the offences punishable under Sections

17, 18, 18A, 18B, 19, 20, 38 and 39 of UAP Act, Section 25(1B)

of the Arms Act and Section 120B of IPC specifiable to each

individual accused. In the charge sheet the permission was

sought to conduct further investigation. Permission was sought

to conduct further investigation against accused Nos.22 and 23

the other suspected accused.

6.

The charge sheet allegations against the appellant

are that he has committed the offences under Sections 17, 18,

18A, 20 and 39 of UAP Act and Section 120B of IPC. It was

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alleged that he conspired with the other accused to indulge in

terrorist acts to achieve the aim of the ISIS a terrorist

organization and for that purpose he propagated the ideologies

of ISIS, mobilized the funds, transferred them to accused No.1,

secured required articles to conduct the terrorist training camps,

organized them and he too took training in martial arts including

handling of the pistol, arrows and bows.

7.

The appellant’s earlier applications for bail were

rejected by the trial Court on the ground that there is prima facie

material to show his involvement in the offences alleged against

him, therefore, Section 43D(5) of the UAP Act bars granting him

bail. Admittedly, the appellant did not challenge that order by

filing any appeal.

8.

The appellant and accused No.19 Syed Fasiur

Rehman again filed bail petition in Crl.Misc. No.6090/2022

before the trial Court. The trial Court on hearing both side by

the impugned order rejected the said application on the ground

that the e