RIYAS A. Vs. UNION OF INDIA

JUDGEMENT

(1.) The appeal is filed against the dismissal of a bail application in S.C.No.No.3/2019/NIA by the 18th accused. The offence alleged are under 120B IPC and Sections 38 and 39 of Unlawful Activities (Prevention) Act, 2019 ['UA(P)A' for short]. The appellant was arrested on 30.04.2019 and is continuing in judicial custody since then, excepting five days when he was sent to police custody on appropriate orders. The present application is the fourth bail application filed by the appellant.

(2.) We heard Sri.B.A.Aloor, learned Counsel appearing for the appellant and Sri.Arjun Ambalapatta, learned Senior Public Prosecutor, NIA.

(3.) The learned Counsel for the appellant points out that there are 18 accused, some of whom are absconding, some convicted and the others prefer detention in custody. It is pointed out that the entire allegations commenced from the registration of a crime in Chandera Police Station, Kasaragod. The appellant has been roped in invoking Section 120B, unjustifiably since there is no evidence of the appellant having participated in any conspiracy. The appellant is not a member of any terrorist organization and there is not even an allegation that the appellant acted with the intention to bring Islamic State to India. In the charge-sheet, there is no no allegation of threats being levelled against any of the witnesses and the appellant would comply with any stringent conditions imposed by this Court and would faithfully attend before Court when summoned. The incriminating material available, according to the prosecution, are 40 documents and the statements given by CW-21 to CW-29. The investigation has been carried on from 2016 to 2019 and no material is available with the prosecution which would even prima facie establish the accusation against the appellant. The appellant has not moved out of India and his Passport does not show any visit to an Islamic State or Sri Lanka. It is alleged that the entire allegation against the appellant hinges on a conspiracy hatched, which led to suicide bombings carried out in the neighbouring Sri Lanka. The appellant relies on Union of India v. K.A Najeeb , 2021 3 SCC 713 and submits that he is under custody from 29.04.2019 and his statement was recorded on 13.05.2019 while continuing in custody.