Criminal Procedure Code, 1973
Section 439—Bail in UAPA case—Merely because the mobile device of appellant was found carrying incriminating material including photographs of terrorist Osama bin Laden, Jihad Promotion, ISIS flags etc. and he was also accessing lectures of hard-liner/Muslim preachers would not be enough to brand him as a member of such terrorist organization, much less his being acting in furtherance of its cause—Such type of incriminating material, in today’s electronic era, is freely available on World Wide Web (www) and mere accessing the same and even downloading the same would not be sufficient to hold that he had associated himself with ISIS—Any curious mind can access and even download such content—Mere being found in possession of incriminating material, in hard form or soft form, would not be sufficient to hold that such possession was with the intention to further its activities—There has to be something more than that—Bail granted.
[Paras 62 to 83]
Section 439—Bail in UAPA case—Charges have already been framed and case is pending trial—Trial court directed the appellant to face trial for offences under Section 120B of IPC read with Section 2(o) read with Sections 13, 38 & 39 of UAPA—Merely because the appellant was following some news items related to Middle-East and Israel Palestine conflict or had been accessing hate speeches of hard-line Muslim preachers, would not be enough to hold that he was acting in furtherance of a banned terrorist organization—Invocation of Section 38 and 39 of UAPA seems erroneous and misplaced—Statutory bar contained under Section 43-D (5) would come into play only when the offence attributable to any such accused falls under Chapter IV and Chapter VI of UAPA—Appellant has not been charged with any offence punishable under Chapter IV—Material on record do not suggest commission of offence under Section 38 or 39 of UAPA, which fall under Chapter VI—Accused had also been charged for commission of offence under Section 13 of UAPA, however, the said offence falls under Chapter III of UAPA—Appellant directed to be released on bail.
[Paras 93 to 95]