MOHAMMED ASIF Vs. STATE

JUDGEMENT

(1.) The application for bail filed by the appellant before the Special Court for Trial of NIA Cases, as CMP.No.113/2015 in S.C.No.2/2011/NIA was dismissed by the court below as per the order dated 5.6.2015, which is under challenge in this Criminal Appeal.

(2.) The appellant is accused No.13 in the case. The prosecution case is that a secret training camp was conducted by the activists of SIMI, a banned organisation, at Thangalpara in Wagamon from 10.12.2007 to 12.12.2007. There are 37 accused in the case. It was alleged by the prosecution that the accused persons hailing from different States in India, namely, Karnataka, Gujarat, Uttar Pradesh and Kerala, who are all members of SIMI and involved in anti-national activities, organised a secret camp to fight against India. In the training camp, the participants were imparted training in arms and ammunition, manufacture of bombs and similar weapons. Physical training, drill, etc. were also conducted. The intention was to wage war against the Government of India and to disturb peace and tranquility in India by stirring up communal feelings and promoting enmity between different communities.

(3.) Originally, the case was registered as Crime No.257 of 2008 at Mundakkayam Police Station on 19.6.2008, against some of the accused. Subsequently, investigation was taken over by the Crime Branch. As per the notification dated 24.12.2009 issued by the Ministry of Home Affairs, direction was given to the National Investigating Agency to take up the investigation. Accordingly, the National Investigating Agency took over the investigation and re- registered the case as Crime No.4/2010/NIA/New Delhi.