SYED ALI Vs. STATE

JUDGEMENT

(1.) This appeal is filed by appellant - accused No. 23 challenging the order dtd. 21/9/2021 passed in S.C. No. 381/2015 clubbed with S.C. No. 1347/2016 on the file of XLIX Additional City Civil and Sessions Judge (Special Court for trial of NIA cases) Bengaluru rejecting the bail application filed under Sec. 439 Cr.P.C.

(2.) Brief facts of the case are that the accused persons involved in this case are the activist of the forbidden organisation called AL-UMMA which is banned organization under the Unlawful Activities (Prevention) Act , (for short hereinafter referred to as the UAPA) by the Government of Tamil Nadu. The said organization is an Islamic Fundamental organization which advocates liberalization of India by converting the same as an Islamic land by declaring religious war styled as Jihad against India. Further, by forced conversion and by violation. It is alleged that in order to carryout Jihadi activities, accused No. 3, accused No. 8, accused No. 9 and accused No. 10 hatched criminal conspiracy with accused Nos. 2, 5, 6, 7, 11, 12, 13, 14, 16 and 18 for conducting various blasts and thereby to wage war against the India. It is further alleged that in furtherance of the said conspiracy, several meetings were held by the accused persons between October 2012 and April 2013 at Coimbatore, in Tamil Nadu and hatched a plan to cause a bomb blast, to take revenge against ruling B.J.P. Government in the Karnataka. It is further stated that in furtherance of the said conspiracy, the accused secured explosive materials and caused blast at B.J.P. Office, at Malleshwaram, Bengaluru, on 17/4/2013 at 10.20 am. In the blast, the KSRP Van bearing No. KA-01-G-8473 suffered damage and 12 KSRP Police personnel sustained injuries and six civilians also sustained multiple bleeding injuries. The motor cycle bearing No. TN-22-R-3739 in which the bomb was planted, also crumbled into pieces.

(3.) In this regard, Sri. C.R. Nanjappa, the PSI of Vyalikaval Police Station filed a complaint and based on the same, the SHO of said Police Station registered the same in Crime No. 118/2013 for the offences punishable under Ss. 3 , 4 , 5 and 6 of Explosive Substances Act, 1908, Ss. 121 , 121A , 120B , 123 , 201 , 435 , 307 and 332 of the IPC, Ss. 3 and 4 of Prevention of Damage to Public Property Act, and further, under Ss. 3 , 10 , 11 , 13 , 16 , 17 , 18 , 19 and 20 of Unlawful Activities (Prevention) Act, 1967 against the unknown persons and issued FIR. Initially, the charge-sheet was filed against accused Nos. 2, 3, 5 to 7 and accused Nos. 11 to 14, showing accused Nos. 8 to 10, 16 and 18 as absconding. This accused No. 23 and accused Nos. 16 and 22 were secured in split-up case bearing C.C. No. 4885/2015 on the file of learned 1st ACMM Court, Bengaluru, and case against them was committed as per the order dtd. 17/10/2016.