The Lucknow Bench of the Allahabad High Court has rejected bail application of two alleged members of Popular Front of India (PFI) who have been booked under the UAPA for allegedly conspiring to commit the murder of people and Office Holders of Hindu Religious Organizations.
The Division Bench of Justice Ramesh Sinha and Justice Renu Agarwal passed this order while hearing a Criminal Appeal filed by Ansad Badruddin and Another.
The facts of the case are that First Information Report was lodged against the petitioners by Anti-Terror Squad, Lucknow (ATS) on 16.12.2021 on the basis of a written report of informant namely, Hemant Bhushan Singh, Inspector, Special Task Force (STF). The two appellants were arrested by ATS, Lucknow on 16.02.2021 and a recovery of various items was made from their possession.
The Investigating Agency after thorough investigation has submitted charge sheet against the appellants for the offence under Sections 120-B, 121-A IPC, Sections 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967, Sections 3/4/5 of the Explosive Substance Act, 1908 and Sections 3/25 Arms Act, 1959 and First Information Report was submitted under the same offences.
Counsel for the appellants has argued that the appeal has been filed on behalf of the appellants under Section 21 of the National Investigation Act, 2008 against the impugned order dated 24.06.2022 passed by the trial Court on the ground that the said order is illegal, unjust and improper.
It has been further argued by the counsel for the appellants that the appellants are the residents of State of Kerala and the members of Popular Front of India (PFI), which is a registered organization registered under the Societies Registration Act and not a banned organization, hence assembly of two or more than two persons is not unlawful.
Further, the FIR lodged against the appellants is based on a recovery memo dated 16.02.2021 on the written complaint of the informant and so far as joint recovery of contraband articles, which has been made from the possession of the appellants, is concerned there appears to be no independent or public witnesses as all the eighteen witnesses as per the chargesheet are witnesses of police, hence the recovery is a false and planted one.
Moreover, the appellants have no role to play in the commission of alleged offence as their role was of ferrying the passengers to their destination.
It has been lastly submitted that the appellants are in jail since 17.02.2021 and though they have criminal history of five cases, but the same are registered at Kerala and are of minor offences. Thus, from the perusal of the statements and material recorded in case diary, no cognizable offence is made out against the appellants.
AGA for the State-respondent submitted that a team was constituted and on the information of the informer that the members of the PFI will meet at Lucknow Kukrail Picnic Spot in order to commit the murder of people and Office Holders of Hindu Religious Organizations and for creating fear and terror in the Society and to commit blast in different programs of Hindu Religion and the Police team arrested the accusedappellants at 18:30 hours on 16.02.2021 and at the time of the arrest of the appellants, one pistol 32 bore, 6 live cartridges, 9 rods of high quality explosive, 11 IRCTC railway ticket, one mobile phones, 2 Explosive ER FO Devices with battery, electronic detonator, diary written in Malayalam language, drive etc. was recovered from accused appellant no 1- Ansad Badruddin and 7 rods of high quality explosive, one bundle of red colour DP wire, one mobile phone and cash was recovered from the possession of accused appellant no 2- Firoz.
The Court noted that,
Further the appellants had admitted that they are active members of PFI and their aim and object is of giving training to the people for fighting against Hindu religious organizations and to promote the ideology of PFI. A diary written in Malayalam language was also recovered from the possession of accused appellants disclosing their aim, object and ideology. In the diary “attack”, “burning”, “US”, “Ram Mandir” like words were mentioned in code words. Further the words “defense”, “enemy know everything”, “we should prepare”, “Muslims are strong”, “the root of coming to our area leader”, “conspiracy” like words were also written.
It was further pointed out that information was received by the ATS regarding a complaint made by the PFI to attack on the Senior Leader of different Hindu religious Organizations, important and sensitive places of Uttar Pradesh and on the said information the arrest of the accused appellants was made with huge quantity of explosives, etc. which shows that the appellants with an intent to achieve goal of PFI had made a conspiracy for committing the offences.
It was also pointed out that explosives recovered from the appellants had been sent for examination, which were found to be high explosive PETN (Penta Erythnitol Nitrate) in the report of the Forensic Science Laboratory, Agra.
Further, the bank statement of accused appellant no 1- Ansad Badruddin shows that transaction of amount from his account to the account of PFI on different dates. The statement of the appellants was also recorded during investigation under Section 161 CrPC and they have confessed their guilt.
“After having heard the submissions of the counsel for the parties and considering the fact that the recovery being made from the appellants of seized objectionable articles including explosive substances, which was to be used by them to attack on Senior Leader of different Hindu Religious Organization and to blast different sensitive places of Uttar Pradesh, for which no satisfactory explanation has been given by the appellants, thus, it cannot be said that the involvement of the appellants in their nefarious designs could be ruled out and further looking into their criminal antecedents and the fact that the trial is in progress, which is fixed for framing charges against the appellants by the trial Court, we are not inclined to grant bail to the appellants and the same is accordingly refused”, the Court observed.
“Accordingly, while affirming the order dated 24.06.2022, the criminal appeal of the appellants- Ansad Badruddin and Firoz, involved in Case under Sections 120-B, 121-A IPC, Sections 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967, Sections 3/4/5 of the Explosive Substance Act, 1908 and Sections 3/25 Arms Act, 1959 at police station ATS Lucknow, District Lucknow, is dismissed’, the Court ordered.