Code of criminal Procedure, 1973 —Sec. 482— National Investigation Act, 2008 — Sec. 21(4)— Indian Penal Code, 1860 - Sec. 120B, 124A, 153A & 153B — Criminal conspiracy — Sedition — Promoting enmity between different groups on ground of religion, race, place of birth, residence — Imputation assertions prejudicial to national integration — Unlawful Activities Prevention Act, 1967 — Sec. 17, 18, 18-B, 38, 39, 40 & 43D(5) - Raising funds for terrorist act — Conspiracy, etc. - Recruiting of any person or persons for terrorist act —Offence relating to membership of terrorist organisation - Offence relating to support given to terrorist organisation - Offence of raising fund for terrorist organization - Modified application of certain provisions of Code - Bail —Non-grant of - Challenged - To assess & find justifications for grant or non-grant of bail, material collected & filed along with chargesheet by NIA needs to be examined —Prosecution relied on chats retrieved from devices seized from Appellant, to establish its case qua Appellant for offences for which he has been charged - Chats indicate, Appellant keen on Jihad & wants to establish Khilafat— He was not just passive supporter of ISIS, but was determined to further its activities by influencing other individuals at various platforms - PDFs & videos found describing methods of preparing explosives & bombs - He was member of groups dealing with guns & 3-D printing of weapons/guns - He took oath in name of well-known leader of ISIS — Appellant is asking other persons for finding way to reach Dawlah & not other way around - He is educated & aware of nature of activities of ISIS - He was trying to recruit individuals on online groups for such acts - S. 43(D)(5) is applicable - Impugned order warrants no interference.Held; (Paras 41, 42, 45, 49, 50, 53, 54, 56 & 57)
Result: Appeal dismissed.