SEEMA AZAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The present bail application has been filed by the applicant Smt. Seema Azad in the case crime No. 37/2010, under Sections 18, 20, 21, 23(2) of the Unlawful Activities (Prevention) Act, 1967 (in short 'Act of 1967') and Section 120, 121, 121A of the Indian Penal Code (in short 'IPC'), police station Khuldabad, district Allahabad.

(2.) Heard Mr. Ravi Kiran Jain, learned senior Counsel assisted by Mr. Ankur Sharma for the applicant and the learned AGA for the State and perused the record.

(3.) Mr. Ravi Kiran Jain, the learned senior Counsel submitted that there is no evidence against the applicant except her own statement and the statement of co-accused Vishwa Vijai @ Kamal, who is the husband of the applicant. According to the F.I.R. the applicant Smt. Seema Azad and her husband are members of terrorist organisation, Communist Party of India (Maoist), [in short 'CPI (Maoist)'] and they were found in possession of anti national literatures specified in the F.I.R. Mr. Jain further submitted that mere possession of pamphlets, magazines and other documents does not constitute the offences under Sections 18, 20, 21 and 23(2) of the Act of 1967 and Sections 120, 121 and 121-A IPC. There is no material to support that the applicant is an active member of the CPI (Maoist), which is alleged to be a terrorist organisation, within the meaning of the Act of 1967, and has been specified as such in the schedule to the said Act.