MEHRAJUDDIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) All these Appeals have been filed by the respective appellants - accused to challenge the order dated 8 th February 2023 passed by the learned Additional Sessions Judge-2, Nanded thereby rejecting the bail application filed under Sec. 167(2) (a)(i) of the Code of Criminal Procedure by the appellants.

(2.) At the outset, it appears to be the confusion in the mind of the learned Advocate for the appellants that the case involves the National Investigation Agency Act (for short "the N.I.A. Act ") and therefore, it is said that the Appeals are filed under Sec. 21 of the N.I.A. Act. We would like to say that an offence vide Crime No.22 of 2022 came to be registered with Kala Chowki Police Station, Mumbai for the offence punishable under Sec. 121-A, 153-A, 109, 120-B of the Indian Penal Code and Sec. 13(1)(b) of the Unlawful Activities (Prevention) Act (for short "the UAPA"). The said First Information Report (for short "the FIR") was filed by one ASI Balaji Chandel and it has been handed over for investigation to be carried out by Anti Terrorism Squad (for short "ATS"), Nagpur Camp, Nanded.

(3.) The appellants have contended that Maharashtra ATS officials had abruptly picked up the appellants i.e. accused Nos.1 to 5 on 22/9/2022 and accused No.6 on 26 th September 2022, respectively. Since then, they are in custody, initially in Police custody and thereafter in the Magisterial custody. In the FIR it has been contended that ASI Chandel had received confidential information that the organization by name 'Popular Front of India' and members of the said organization had organized a public programme for delivering speeches on various subjects and which were stated to be against the Union of India. It was apprehended that the law and order situation would be disturbed, as request was made in the speech to the people that they should be ready for martyred for their religion. Various meetings were organized at Nanded, Parbhani and it was stated that in the speech delivered in those programmes the atmosphere was tried to be created for the insurgency between two religions. Anti-national speeches were also delivered and all those details have been given in the FIR. With these allegations the FIR has been lodged.