Mr. Tanheer Singh Bariana, Advocate for the appellant in CRA-D-1543-2024.

Mr. Sukhdeep Singh Sandhu, NIA Special Prosecutor for the respondent-NIA.

N.S. SHEKHAWAT, J.

1. This order shall dispose off afore-mentioned four appeals, whereby the appellants in all these appeals have prayed for grant of concession of bail in a trial arising out of FIR No.152 dated 19.10.2018 under Sections 124-A, 153A, 153B & 120-B IPC and registered at Police Station Sultanwind, Amritsar then re-registered as RC-19/2020/NIA/DLI dated 05.04.2020 under Sections 117, 122, 124A, 436, 153B, 120-B IPC under Sections 13, 16, 17, 18, 19 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short `the UAPA’) and under Section 25 of the Arms Act. Since all the appeals involve common questions of law and facts, the same are being disposed of simultaneously.

2. Initially, FIR No. 152 dated 19.10.2018, under Sections 124-A, 153-A, 153-B and 120-B IPC was registered at the Police Station Sultanwind, Amritsar with the allegations that on 19.10.2018, Amritsar Police had apprehended Sukhraj Singh @ Raju and Malkeet Singh @ Meetu on the spot, i.e. Kot Mit Singh Flyover, Amritsar, while they were hanging “Khalistan Jindabad” and “Khalistan Referendum 2020” cloth banners at the pillars of the flyover. During the course of investigation, the other accused, namely Bikramjit Singh @ Vicky, Manjit Singh @ Manga, Jatinder Singh @ Goldy, Harpreet Singh @ Happy, Gurwinder Singh @ Gurpreet Singh @ Gopi, Harmeet Singh @ Raju, Roofel @ Rufal @ Rahul Gill, Sukhmandar Singh @ Gopi and Kuldeep Singh @ Kuldip Singh @ Keepa were also arrested by Punjab Police on finding sufficient evidence against them. It was found that the accused had received funds from abroad, sent by the members of “Sikhs for Justice” (SFJ) and the said amount was used for spreading terrorist activities and other preparatory acts i.e. attempts to procure weapons for terror activities in India and to get arms training in Pakistan.

3. Ultimately, since the matter pertained to propagation of secessionist “Khalistan Referendum 2020” movement by affixing posters and banners of “Khalistan Jindabad” and “Khalistan Referendum 2020”, procurement of weapons, efforts for arms training in Pakistan, acts of violence in Punjab and other parts of the country; NIA registered the present case as RC-19/2020/NIA/DLI, dated 05.04.2020 under Sections 124-A, 153- A, 153-B and 120-B IPC and under Sections 17, 18 and 19 of the Unlawful Activities (Prevention) Act, 1967 (for short `the UAPA’) and took over the investigation in the present case. It requires mention that Punjab Police had already submitted a charge sheet on 16.04.2019 and also two supplementary charge-sheets on 10.07.2019 and 26.08.2019, prior to registration of the case by NIA. Now, the NIA has also filed charge-sheets before the competent court of law and the trial is pending before the Special Judge, NIA, SAS Nagar (Mohali), Punjab.

Submissions in CRA-1502-2024 (Kuldeep Singh Vs NIA)

4. Learned counsel appearing on behalf of the appellant argued that the appellant was not named in the FIR and even during the course of investigation, no incriminating evidence could be collected against him. Still further Manjit Singh alias Manga, who is the real brother of the appellant, has been granted the concession of regular bail by this court vide order dated

19.07.2024 (Annexure A-2). Learned counsel further argued that in the present case, after the presentation of challan, charge has been ordered to be framed by the trial Court on 09.11.2021. However, the trial Court has been able to record the statements of only 31 prosecution witnesses and 86 prosecution witnesses are yet to be examined by the trial court. Still further, the appellant was arrested in the present case on 26.11.2018 and there are no allegations that he had funded any terrorists or terror activities. Even no arms and ammunitions have been recovered from the present appellant. He further contended that, Hon’ble