This appeal is filed by accused No. 3 challenging the

order dated 28.07.2021 in Spl.C.C. No. 595/2021 on the file

of XLIX Additional City Civil and Sessions Judge, Special

Court for trial of NIA Cases, Bengaluru, rejecting his bail

application filed under Section 439 Cr.P.C..

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2. Brief facts of the case are that on 20.03.2020, a

case in R.C. No. 11/2020/NIA/DLI was registered at NIA

Police Station, New Delhi, under Sections 120-B, 124-A and

153-A of the IPC and Sections 13 and 20 of Unlawful

Activities (Prevention) Act, 1967 (hereinafter referred to as

`UAP Act9) which arose out of FIR No. 85/2020 dated

08.03.2020 of Special Cell (SB) Police Station, Lodhi

Colony, New Delhi, after arrest of Jahanzaib Sami and his

wife Hina Bashir Beigh on 08.03.2020, for having affiliation

with the banned terrorist organization, viz., Islamic State

Khorasan Province/ISKP, which is a part of banned terror

organization ISIS/Daesh and both were planning some

subversive activities in India. During investigation of the

said case, another accused 3 Abdullah Basith was also

arrested on 17.03.2020. It further reveal that during

investigation, three more accused persons including Abdur

Rahman @ Dr. Brave son of Nassrulla Sharief was arrested

on 17.08.2020. During custodial interrogation of Abdur

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Rahman,

he

revealed

that

he

along

with

Afroz

Ahmed/P.W.1 (C.W.1) visited Syria in 2013-14 and his visit

was funded by the members of group viz., Quran Circle. His

examination revealed that pro-ISIS activities are active in

Bengaluru, in identifying and radicalizing gullible Muslim

youth, recruiting, raising funds and facilitating their visit to

Syria, illegally via Turkey, for jointing and fighting for ISIS.

It further reveal that thereafter, as per the direction of

Ministry of Home Affairs, the NIA registered this case on

19.09.2020, under Sections 120-B and 125 of the IPC,

1860 and Sections 17, 18 and 18-B of UAP Act. As per the

charge

sheet,

it

reveal

that

the

investigation

has

established that the accused Nos. 3 and 5 entered into

criminal conspiracy along with accused Nos. 1, 2 and 4 and

other associates to wage war against Syria, which is an

Asiatic power in alliance with Government of India, by

radicalizing, recruiting gullible Muslim youth, raising funds,

and sending them to Syria illegally, via Turkey to join ISIS

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and to further the ideology and activities of ISIS. This

accused was said to have been arrested on 07.10.2020

along with accused No. 5 3 Ahamed Abdul Cader and there

is

allegation

of

conspiracy

by

these

accused

with

absconding accused Nos. 1, 2 and 4 and other known and

unknown associates based in India as well as in Abroad. In

the year 2008 accused No. 3 through his collegemate Anas

Khalid Chinoy came across with one Faiz Masood, who used

to listen lectures of Islamic hardliner preaches and accused

No. 3 also started to listen the lectures. There is allegation

that this accused No. 3 attended the IQRA camp and got

influenced by the lectures and one Faiz Masood took

accused No. 3 to Lalbagh Masjid, Bengaluru, where both of

them attended Hizb-Ut-Tehrir (HUT) meeting. The said HUT

is said to be a banned organization. There is further

allegation that this accused went to the residence of one

Faiz Masood and paid Rs.80,000/- in order to help him to

visit Syria for joining ISIS. Even this accused and others

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went to Bengaluru Airport to drop said Faiz Masood for

visiting Syria. Event here is allegation that the accused No.

3 paid Rs.50,000/- to one Anas Faruq/P.W.2 (C.W.2) to

visit Syria and join ISIS. Accused No. 5 is alleged to have

paid Rs.20,000/- to the said Faruz for the said purpose.

Accused Nos. 3 and 5 were found in contact with co-

accused persons and associates through secured social

medial applications. Thus, after conclusion of investigation,

the NIA has filed charge sheet against these two accused

persons.

3. Appellant 3 accused No. 3 filed application under

Section 439 Cr.P.C. before the Special Court contending

that he neve