(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)

Date : 28-11-2023

All the three appeals, viz., Cr. Appeal (DB) No.

514 of 2023 (Jalaluddin Khan @ Md. Jalaluddin Vs. The

Union of India through the National Investigation

Agency); Cr. Appeal (DB) No. 516 of 2023 (Athar

Parwez Vs. The Union of India through the National

Investigation Agency) and Cr. Appeal (DB) No. 749 of

2023 (Nooruddin Jangi @ Advocate Nooruddin Jangi Vs.

The Union of India through the National Investigation

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Agency), which have been filed under Section 21(4) of

the National Investigation Agency Act, 2008, have been

heard together on the issue of grant of bail and they are

being disposed off by this common order.

2.

The

application

for

bail

of

appellants/Jalaluddin Khan @ Md. Jalaluddin and Athar

Parwez was rejected by the Special Judge, N.I.A., Patna

in Special Case No. 07 of 2022/R.C. No. 31 of 2022,

arising out of Phulwari Sharif P.S. Case No. 827 of

2022, by order dated 15.04.2023, whereas the prayer

for bail of appellant/Nooruddin Jangi @ Advocate

Nooruddin Jangi in Special Case No. 07 of 2022/R.C.

No. 31 of 2022, arising out of Phulwari Sharif P.S. Case

No. 827 of 2022, has been rejected vide order dated

01.05.2023.

3. The appellants are said to be the active

members of Popular Front of India (in short P.F.I.),

which is a banned organization and have been

associated in its ulterior aim of causing bloodshed in

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achieving its so-called target of re-establishing Muslim

rule in India.

4. The Bihar Police had received information

about a plan of accused persons to cause disturbance

during the proposed visit of the Prime Minister of India.

On a tip-off, a raid was conducted by Phulwarisharif

Police on 11.07.2022 at the house of

appellant/Jalaluddin Khan @ Md. Jalaluddin, who had

given the upper floor of his house on rent to

appellant/Athar Parwez. From the floor of the house

taken on rent by appellant/Athar Parwez, documents

relating to unlawful activities aimed at disrupting the

sovereignty of India and to cause disaffection against

the country as also for establishing Pan-Islamic rule in

India by subverting the Constitution of India, were

recovered. The reading of the documents so recovered

suggested propagation of armed struggle and violent

means to implement the afore-noted agenda.

5. The appellants/Jalaluddin Khan @ Md.

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Jalaluddin and Athar Parwez were arrested and against

them and others, a case vide Phulwari Sharif P.S. Case

No. 827 of 2022 was registered. Later on,

appellant/Nooruddin Jangi @ Advocate Nooruddin Jangi

was also arrested in the said case on 16.07.2022.

6. It further appears from the records that the

Govt. of India, Ministry of Home Affairs, after

considering the nature and gravity of the offence,

directed the National Investigation Agency (in short the

N.I.A.) to take up the investigation of the case vide

order dated 22.07.2022.

7. Pursuant to the afore-noted directions, the

N.I.A. re-registered the case as R.C. -31/2022/NIA/DLI

dated 22.07.2022 under Sections 120, 120B, 121,

121A, 153A, 153B and 34 of the I.P.C.

8. The police, after investigation, submitted

charge-sheet against the appellants, whereupon

cognizance has been taken against them.

9. The appellants have argued that the

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recovery of so-called hate literature, even if assumed to

be correct, would not make out any case against the

appellants under any one of the sections of the I.P.C.

for which they have been charge-sheeted. The P.F.I.

was banned only in August, 2022 and, therefore, the

appellants cannot even be held guilty by association.

10. Apart from this, it has been alleged that

appellant/Jalaluddin Khan @ Md. Jalaluddin was never

ever a member of P.F.I. or Socialist Democratic Party of

India (SDPI) nor was he ever connected with the

activities of such organizations. He has superannuated

from the Police Department and has been leading a

retired life since then.

11. On behalf of appellant/Athar Parwez, it has

been subm