IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON’BLE SHRI JUSTICE RAJ MOHAN SINGH &

HON’BLE SHRI JUSTICE VIVEK JAIN CRIMINAL APPEAL No. 15393 of 2023 BETWEEN :-

1. MOHD SALEEM @ SAURAV RAJVAIDH S/O ASHOK RAJVAIDH, AGED ABOUT 41 YEARS, R/O 9-11-141/49 2ND FLOUR MOTI MAHALWADA BAZAR POLICE STATION GOLKUNDA TELANGANA (TELANGANA).

2. SAIYAD DANISH ALI @ DANISH @

MUFIYAN S/O SAIYAD ANWAR ALI, AGED ABOUT 29 YEARS, R/O HOUSE NO. 205 SONIYA GANDHI COLONY AISHBAG BHOPAL (MADHYA PRADESH).

3. YASIR KHAN @ ABDULLA S/O MUSHTAK KHAN, AGED ABOUT 29 YEARS, R/O FLAT NO. 202 BISMILLAH TOWER NIYAMATPURA BHOPAL (MADHYA PRADESH)

4. SALMAN ANSARI @ SHAHID ANSARI @

SHAHID @ MAULANA SAAD S/O ABDUL SAEED, AGED ABOUT 30 YEARS, R/O H.NO. 201 AISHBAGH POLICE THANE KE SAAMNE THANA AISHBAGH BHOPAL (MADHYA PRADESH).

5. MOHD. ABBAS ALI @ VENU KUMAR @

BESKA VENU KUMAR @ HAFIZ S/O B CHERIYALU, AGED ABOUT 36 YEARS, R/O 30-1174 VINAYAK NAGAR MALKAJGIRI THANA NAREDMAD TELANGANA (TELANGANA)

.…APPELLANTS (BY SHRI MOHAMMAD ALI WITH SHRI SHARIK AKEEL FAROOQUI-

ADVOCATES)

AND THE STATE OF MADHYA PRADESH THROUGH POLICE STATION NATIONAL INVESTIGATION AGENCY NIA BHOPAL (MADHYA PRADESH)

….RESPONDENT (BY SHRI DEEPESH JOSHI WITH SHRI QASIM ALI -ADVOCATES)

(SHRI YOGESH DHANDE – GOVERNMENT ADVOCATE)

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Reserved on : 08/04/2024 Pronounced on : 13/04/2024 -------------------------------------------------------------------------------------

This appeal having been heard and reserved for judgment/order, coming on for pronouncement this day, Justice Vivek Jain passed the following:

J U D G M E N T

This appeal under section 21 of the National Investigation Agency Act 2008 (for brevity hereinafter referred to as “NIA Act”) has been filed by the accused persons challenging the orders Annexure A- 3 dated 18.8.2023 and Annexure A-5 dated 09.11.2023 passed by the designated Sessions Court, Bhopal under NIA Act in SC (NIA) No.

01/2023. Further prayer is sought to release the appellants on bail.

2. By the orders Annexure A-3 and A-5, the designated Sessions Court under NIA Act has refused to release the appellants on default/statutory bail in terms of section 167 (2) of Code of Criminal Procedure 1973 (for short, referred to as “CrPC”). Now by way of this present appeal, the said orders are put to challenge and a further prayer is sought that this Court may release the appellants on default/statutory bail in terms of section 167 (2) CrPC.

3. The factual matrix of the case in brief as discernible from the material placed on record is that Crime No. 05/2023 has been registered at the behest of Special Task Force (“STF” for short) of M.P. Police, Bhopal on 09.05.2023 for offences under sections 121-A, 153-B, 120-B of Indian Penal Code and Sections 13 (1) (b), 17, 18 and 18-B of the Unlawful Activities Prevention Act 1967 (for brevity, referred to as “UAPA Act”).

4. The case was handed over to the National Investigation Agency by order dated 24.05.2023 passed by the Ministry of Home Affairs, Govt. of India, New Delhi by exercising the powers conferred under Sections 6 (5) readwith Section 8 of the NIA Act and directed the NIA to take up and conduct the investigation. Thereafter the NIA has carried out the investigation by registration of RC No. 15/2023 by the NIA, Branch Bhopal (MP).

5. The allegation in the case is that an information was received by the Anti Terrorism Squad, Bhopal (ATS for short) that certain members of “Hizb-Ul-Tahrir” (“HuT” for short) are trying to build their cadres in the State of MP by clandestinely indoctrinating and instigating and recruiting Muslim Youth for “Jihaad” into the organization with an aim to overthrow the constitutionally formed Government in India and to establish a State with “Sharia” law for which purpose the said youth are collecting a cache of arms, ammunition and explosives with intention to destabilize the country and to carry out terror attacks. Raid was conducted by the STF