Patna High Court
Md. Belal @ Irshad vs The Union Of India Through The National ... on 18 April, 2025
Author: Rajeev Ranjan Prasad
Bench: Rajeev Ranjan Prasad
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.911 of 2023
Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Md. Tanveer @ Md. Tanveer Barkati, S/O Md. Abdullah, R/O Mohalla-
Bahadurpur, P.S- Mehsi, Distt.- East Champaran @ Motihari (Bihar).
... ... Appellant
Versus
The Union of India through the National Investigation Agency
... ... Respondent
======================================================
with
CRIMINAL APPEAL (DB) No. 918 of 2023
Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Md. Belal @ Irshad, s/o Md. Shahid, R/o Mohalla- Harpur Kishuni, Ward No.
10, Bara Chakia, P.S. Chakia, Dist. East Champaran @ Motihari (Bihar)
... ... Appellant
Versus
The Union of India through the National Investigation Agency
... ... Respondent
======================================================
Appearance :
(In CRIMINAL APPEAL (DB) No. 911 of 2023)
For the Appellant/s : Mr. Syed Masleh Uddin Ashraf, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh (ASG)
Mr. Manoj Kumar Singh, Spl.PP
Mr. Ankit Kumar Singh (JC)
Mr. Pramod Kumar (PP, NIA)
(In CRIMINAL APPEAL (DB) No. 918 of 2023)
For the Appellant/s : Mr.Tahir, Advocate
Mr. Abu Nasar, Advocate
For the Respondent/s : Dr. Krishna Nandan Singh (ASG)
Mr. Manoj Kumar Singh, Spl.PP
Mr. Ankit Kumar Singh (JC)
Mr. Pramod Kumar (PP, NIA)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE S. B. PD. SINGH
CAV JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 18-04-2025
Heard learned counsel for the appellants and learned
counsel for the National Investigating Agency (in short 'NIA').
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
2/22
2. These two appeals are arising out of the common
order dated 27.07.2023 (hereinafter called 'the impugned orders')
passed by learned Special Judge, NIA, Patna, Bihar (hereinafter
called the 'learned trial court') in Special Case No. 02 of
2023/R.C. No. 31 of 2022.
3. By the impugned orders, the learned trial court has
been pleased to reject the prayer for bail of the appellants during
the ongoing trial. Both the appellants are aggrieved by and
dissatisfied with the order of the learned trial court.
4. In order to appreciate the matter, it would be
necessary to take note of the prosecution case.
Prosecution Case
5. The prosecution case is based on a self-written report
dated 12.07.2022 of Akrar Ahmed Khan, the Inspector of Police-
cum-Officer-in-Charge of Phulwarisharif Police Station, Patna. In
the written report, the informant alleged that on 11.07.2022, at
about 7:30 PM, he got an information that some miscreants are
planning to do some occurrence during the proposed Patna visit of
the Prime Minister of India, they are doing training for a fortnight
for this purpose. On this information, the Officer-in-Charge of
Phulwarisharif Police Station brought it to the notice of the senior
officers. The senior officers constituted a team of police officers
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
3/22
and with the said team, the Officer-in-Charge/informant reached
'Ahmed Palace' situated in Naya Tola Nahar under Phulwarisharif
Police Station. On reaching there, in course of the verification
made there, it came to his notice that some unknown persons are
holding meeting on the second floor of the 'Ahmed Palace' during
last two months and visit of unknown persons are frequent there.
The informant came to know that during 6 th-7th July also, a meeting
had taken place in which some doubtful people had come.
6. It is alleged that as the informant was conducting the
verification, in the meantime, Md. Jalaluddin (A-2) and Athar
Parvez (A-1), who are the owner of 'Ahmed Palace', came there.
In their presence, in presence of two independent witnesses, when
the second floor of 'Ahmed Palace' was searched, in course of
search from a room, he found a literature, namely, 'India 2047
towards Rule of Islamic India, Internal Document not for
Circulation' which was in seven pages and there were five copies
of the same. In search, thirty pamphlets written in 'Urdu' and
twenty five pamphlets written in 'Hindi' of Popular Front of India,
20 February 2021, forty nine flags made of clothes, red, green and
white bearing blue colour star on the flag, booklets printed in
'Urdu' were found. The search team also found thirty chairs placed
in the big hall and on a table, photocopy of lease deed on a non-
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
4/22
judicial stamp paper, showing the name of house owner of Farhat
Bano, wife of Jalaluddin and the name of lessee as Athar Parvez,
son of Abdul Qayum Ansari was found. The house owner informed
that the second floor of the building was taken by Athar Parvez for
purpose of giving training and training was provided on 6-7 July
2022 in which people from other states had come and several
doubtful person had also received training there. Athar Parvez,
however, denied but when the police enquired from him in
presence of Jalaluddin and local people, he told them that he was
an active member of SIMI organization and after the SIMI
organization was banned and the members of the same were in jail,
he was providing them legal help. He informed that at present he
was District General Secretary of SDPI party. He disclosed that the
parcha, flags and the booklets are of Popular Front of India (in
short 'PFI'). At the instance of the PFI, he is adding the former
members of SIMI with this party and is establishing a secret
organization. He disclosed that the main object of the organization
is to take revenge against the atrocities upon Muslims and
whosoever makes comment or abuses Islam religion, he is targeted
and attacked. Recently, Nupur Sharma had said wrong against the
religion, against her steps are being taken to take the revenge. For
this reason, revenge had been taken in Amravati in Maharashtra
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
5/22
and Udaipur in Rajasthan. He further disclosed that in this
planning, other persons are also actively participating with him.
He named twenty five other persons who were members of the PFI
in different areas and were conducting the activities of the PFI. He
disclosed that there are other people whom he identifies by face
and all of them came and got training here and they are motivated
to raise their voice and unleash war against a particular community
of the local society.
The Officer-in-Charge conducted a raid in the house of Athar
Parvez (A-1) in Mohalla, Gulistan from where a bag containing
red, green and white colour flags inscribed with a blue colour star
on the flag and copy of the lease deed were found. From the bag,
the documents known as India 2047 towards rule of Islamic India,
Internal document not for circulation and other documents were
also found. The contents of the documents India 2047 towards
Rule of Islamic India has been mentioned in the FIR which is
being reproduced as under:
"... Popular Front of India (PFI) is confident that even if
10% of total Muslim population rally behind it, PFI would
subjugate the coward majority community to their knees
and being back the glory of Islam in India.
External Help
In the scenario of full-fledged show down with the State,
apart from relying on ours trained PE cadres, we would
need held from friendly Islamic countries. In the last few
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
6/22
years, PFI has developed friendly relationship with
Turkey, a flag-bearer of Islam. Efforts are on to cultivate
reliable friendship in some other Islamic countries"
7. In course of investigation, the NIA found some digital
articles from the possession of the appellant Md. Tanveer Barkati
(A-28), Md. Abid, (A-29) and Md. Belal @ Irshad (A-30). The
extracted data revealed the association of Md. Belal (A-30) with
the accused Riyaz Moarif (A-4), Md. Yaqub Khan (A-27) and
some other accused. The NIA found from the extracted data
"Redmi Note 11 mobile phone of A-30 containing voice messages
related to Md. Yaqub Khan (A-27) which revealed the criminal
conspiracy for extending the unlawful activities of the PFI. The
extracted data of mobile phone Nokia TA1032 seized from A-28
shows his association with PFI. The mobile number of Riyaz
Moarif (A-4), Yaqub Khan @ Sultan (A-27), Md. Sajjad Alam and
Md. Belal were saved in the contact list.
8. As per the charge-sheet, in the raid conducted on
11.07.2022
in the premises where PFI activities were going on, the
NIA had recovered five sets of document "India 2047: Towards
Rule of Islamic India, internal document: not for circulation" in
Urdu 49 cloth flags, two magazines, etc. The gist of the seized
document brought out the criminal conspiracy hatched by the PFI.
Paragraph '17.4' of the charge-sheet provides the gist of the
document, therefore we reproduce the same hereunder:-
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
"Page 1: India 2047
Towards Rule of of Islam in India
Page 2: Present state of Muslim community.
PFI is talking about 75% Muslim population in 9 districts.
Page 3: Here comes India 2047.
1. Dream of political power to the Muslim community &
Islamic government in India in 2047
2. PFI is now expecting at least 10% of the Muslim
population to subjugate the coward majority community
3. Four stages of progression towards Islamic rule
Page 4:
Stage 1: Unite Muslims & give training of weapons and
explosives to PE cadres
2: Utilise National Flag, Constitution & Ambedkar to
shield real intention of establishing Islamic rule
3: Alliances with SCs/STs/OBCs to divide Hindus
4: Use SC/ST/OBC for votes & infiltrate in Police, Army,
Judiciary
Page 5:
-After completion of all 4 stages, declare a new
constitution based on Islamic principles with the help of
external forces.
- Use Babri Masjid for radicalization.
- Mass mobilization should be the priority.
Page 6: PFI in every house strategy. Recruitment of
members.
- State units should continue organizing PE classes at
grass-root level on a priority basis under the camouflage of
Yoga sessions & Healthy People Healthy Nation campaign.
- Acquire plots in Muslim-dominated localities
Page 7: Collection of Information against Hindu/Sangh
Parivar leaders. And, External help.
PFI has developed a friendly relationship with Turkey,
Efforts are on to cultivate reliable friendships in some other
Islamic countries."
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
9. The co-accused Abid @ Aryan (A-29) stated during
his examination that Md. Yaqub Khan (A-27) was in possession of
firearms and used to terrorise people of other communities with
the firearms to spread communal tension. He stated that he had
arranged two rounds from his co-villager Nazre Alam @ Bechu
and provided the same to Md. Tanveer Barkati (A-29). After
apprising the same by Tanveer Barkati (A-28) Yaqub Khan (A-27)
transferred Rs. 1,000/- through Paytm UPI to him (A-29) in lieu of
02 rounds. This fact has been corroborated by the bank account
statement of HDFC bank account of Md. Abid in which payment
of Rs. 1,000/- was transferred by A-27. Thus, active role of the
appellant Tanveer Barkati (A-28) has been found in procurement
of the two rounds of cartridges at the instance of Md. Yaqub Khan
(A-27).
10. The charge-sheet further reveals that the investigation
related to Bandhan Bank account of accused Md. Belal @ Irshad
(A-30) brought out that he carried out several transactions with
FIR named accused persons like Riaz Moarif (A-4) and his wife
Shabana Khatun, Shanaullah (A-5) and Ansarul Haque (A-29). He
also transferred funds to his close associate Md. Yaqub Khan @
Sultan @ Usman (A-27) through UPI for extending the unlawful
activities of the PFI. He had also received Rs. 47,500/- from Rehab
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
India Foundation for using in unlawful activities of PFI. Belal @
Irshad (A-30) had several monetary transactions (approximately
Rs. 3.5 lakhs) from one Md. Sajjad Alam, who is presently based
in Dubai, United Arab Emirates. It is stated that the examination of
witnesses reveal the association of these appellants with the co-
accused and the PFI, their involvement in extending the criminal
activities of PFI even after its ban by the central government, to
fulfill the agenda of PFI i.e. Islamic rule in India. During
investigation, the NIA recorded legally intercepted voice calls
between Yaqub Khan (A-27), Md. Tanveer Barkati (A-28), Md.
Abid (A-29) and others. The voice calls confirmed the criminal
conspiracy hatched by PFI members who were in possession of a
small firearm and were arranging for the targeted killing/attack of
Hindu youth for extending the unlawful agenda of PFI.
11. Both the appellants gave their consent before the
learned court of Special Judge, NIA, Patna for giving their voice
samples for the purpose of matching/comparison with the recorded
intercepted voice call but later on they did not provide their voice
samples and thereby they resiled from their consent given before
the court.
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
Submissions on behalf of the Appellants
12. Before this Court, learned counsel for the appellants
has contended that the appellants are not named in the First
Information Report. They were apprehended on mere suspicion on
05.02.2023. Nothing has been recovered from the house of the
appellants. It is submitted that prior to its ban, the PFI was a
registered organisation under the Societies Registration Act as it
was formed to promote inter alia national integration, communal
amity and social harmony and uphold the democratic set up
secular order and rule of law in the country. It is stated that the
seven pages booklet/document namely India 2047: Rule of Islamic
India, Internal Document is a document planted by the prosecution
to implicated the appellants with ulterior motive and nefarious
design. It is submitted that Section 121, 121A, 153A and 153B IPC
would not be attracted against the appellants.
13. On behalf of appellant Md. Belal @ Irshad it has
been also contended that the Sections of UA(P) Act would not be
attracted and no prima facie case is made out against him. It would
appear that both the appellants have made identical kind of
submissions.
14. Learned counsel for the appellants has relied upon
the judgment of the Hon'ble Supreme Court in the case of Vernon
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
vs. State of Maharashtra and Anr. reported in (2023) 15 SCC 56
to submit that in the said case, the Hon'ble Supreme Court having
found that the appellant had remained in custody for almost five
years and the materials on the record cannot justify his continued
detention, pending final outcome of the case under the provisions
of the 1860 Code and the 1967 Act, allowed bail. It is submitted
that in the present case since the appellants have already remained
in incarceration for over two years and the trial is not likely to be
concluded in near future, they would deserve privilege of bail
during pendency of the appeal. There are altogether 160-170
witnesses to be examined and presently cross-examination of
PW-2 is going on.
Submissions on behalf of the NIA
15. Learned ASG representing the NIA has taken this
Court through various paragraphs of the charge-sheet, the list of
witnesses and the list of materials which are enclosed with the
charge-sheet to demonstrate the facts which were revealed during
investigation and the materials which have been collected and on
which the prosecution relies to prove the case against the
appellants. Learned ASG submits that the NIA is in possession of
legally intercepted call records of the appellants from which their
involvement, hatching of criminal conspiracy in furtherance of
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
unlawful object would be clearly proved. The intention of the
appellants behind collection of funds through foreign residents,
deposit of huge cash in different accounts and the procurement of
weapon through the illegal funds received from UAE, all these
would show that there was a deep conspiracy to wage war against
the country. It is submitted that the statement of witnesses Md.
Danish (W-99), Rishu Kumar Gupta (W-103), Md. Furquan
Ahmad (W-104), Md. Asif Khan (W-106), Imteyaz (W-107), Md.
Meraz (W-110), Md. Shamshad Khan (W-116) and Md. Arif (W-
221) would show that Tanveer Barkati (A-28) was associated with
the accused persons in the criminal conspiracy of PFI, he was
involved in recruitment, training of the PFI cadres and in spreading
religious enmity in a clandestine manner even after the ban of PFI
by the Government of India. Learned ASG has also referred the
photo identification and statements by witnesses Md. Rahmatullah
Ansari and Md. Mahtoob Alam. The CDR connectivity with FIR
named accused persons and the appellants is yet another material
in support of the charge-sheet.
16. Learned ASG submits that in the present case, not
only the offences alleged under the Code of 1860 but even the
offences under the UA(P) Act falling under Chapter IV would be
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
attracted against the appellants, hence, rigours of Section 43D(5)
would apply against them.
17. As regards the present stage of trial, learned ASG
submits that there are altogether 160-170 witnesses who are to be
examined by the NIA. Presently, PW-2 is being cross-examined. It
is, however, submitted that the delay is taking place because the
defence is taking much time in completion of the cross-
examination of the witnesses. Learned ASG submits that the NIA
is willing to examine at least 5-6 witnesses every month to
complete the prosecution evidence within a reasonable time. It is
submitted that so far as the judgment of the Hon'ble Supreme
Court in the case of Vernon vs. State of Maharashtra (supra) is
concerned, in the said case the appellant had remained in custody
for almost five years and the materials on the record, as held by the
Hon'ble Supreme Court, did not justify his continued detention
whereas in the present case, the appellants are in custody for only
little more than two years and there are sufficient materials on the
record which would justify their continued detention, pending
outcome of the case.
18. It is also submitted that the rigours of Section 43D(5)
of the UA(P) Act would be attracted in this case for the reason that
there is a direct connection between these appellants and the co-
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
accused Yaqub Khan (A-27), who had been actively participating
in spreading religious hatred through his posts on social media and
had arranged arms and ammunition for the targeted killing of a boy
belonging to another religion. The submission is that even with
regard to the role of Md. Belal @ Irshad (A-30), it has been found
that he had several monetary transactions with the FIR named
accused Reyaz Moarif (A-4) who was the General Secretary of the
PFI, his wife Shabana Khatun, Md. Sanaullah (A-5) and Md.
Ansarul Haque (A-29).
Consideration
19. We have heard learned counsel for the appellants and
learned ASG for the NIA as also perused the records. A counter
affidavit has been filed in this case and copy of the charge-sheet
dated 07.01.2023 and two supplementary charge-sheets dated
03.08.2023 and 01.09.2023 have been enclosed as Annexure 'A',
'B' and 'C' respectively. So far as these two appellants are
concerned, they have been chargesheeted with Supplementary
Charge-sheet No. 1A/2023, dated 03.08.2023 (Annexure 'B'). By
this supplementary charge-sheet, four accused namely Md.
Tanveer Barkati (the appellant under consideration), Md. Abid @
Aryan (the appellant in Criminal Appeal (DB) 1157 of 2023), Md.
Belal @ Irshad (the appellant under consideration) and Md. Irshad
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
Alam (the appellant in Criminal Appeal (DB) No. 130 of 2024
whose prayer for bail has been rejected vide order dated
15.05.2024 in Cr. Appeal (DB) No. 130 of 2024) have been
chargesheeted.
20. Perusal of the charge-sheet would show that these
two appellants are the residents of the State of Bihar in the District
of East Champaran, Motihari. Regarding these two appellants, the
charge-sheet in paragraphs '17.22', '17.33', '17.24' and '17.25'
speaks as under:-
"17.22 Investigation further brought out that Md.
Belal @ Irshad (A-30) was also associated in this
deep rooted criminal conspiracy of the PFI, a
banned unlawful association with co-accused
persons Riyaz Moarif (A-4), Yaqub Khan (A-27)
and others. He was also came in contact with many
members of PFI such as Md. Roslen (A-10) of
Tamlinadu, Md. Sanaullah (A-5) of Darbhanga,
Tousif (A-6) and Ansarul Haque (A-21) of
Madhubani, Yaqub Khan @ Sultan @ Usman (A-
27) of Motihari, Shamim Akhtar (A-3) of Bihar
Sharif and Md. Afroz of Motihari. He has been
involved in the training as well as physical
education of the PFI cadres even after ban of the
PFI as an unlawful association by the central
Government. He had attended physical training
programme at Gandhi Maidan, Chakia, East
Champaran district and was also part of the training
at Ahmad palace, Phulwarisharif, Patna on
29.05.2022 in which the PFI cadres of Bihar as well
as Karnataka and other states had participated. He
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
had transferred Rs. 5000/- on 03.01.2023 and Rs
1000/- on 25.01.2023 through UPI to Yaqub Khan
@ Sultan @ Usman to further criminal/unlawful
activities of the PFI, a proscribed unlawful
association.
17.23 During further investigation, on emerging the
facts that Md Tanweer Barkati (A-28), Md Aabid
(A-29) and Md. Belal @ Irshad (A-30) are
associated with FIR named accused Riyaz Moarif
(A-4) and his associate Yaqub Khan @ Sultan @
Usman and are involved in extending the criminal
activities of PFI even after the ban of PFI as an
unlawful association by the Central Government,
they along with Md. Yaqub Khan @ Sultan @
Usman (A-27) were arraigned as accused in the
instant case. Thereafter, Md Tanweer Raza Barkati,
Md Aabid and Md. Belal @ Irshad were arrested in
the instant case on 05.02.2023. The digital articles
including mobile phones used by accused Md
Tanweer Barkati (A-28) Md Aabid (A-29) and Md.
Belal @ Irshad (A-30) in the said criminal
conspiracy were also seized for further
investigation.
17.24 Investigation further brought out that, after
the arrest of Md. Belal @ Irshad (A-30) he
disclosed that after declaration of Popular Front of
India (PFI) as unlawful association by the
Government of India in September, 2022, Riyaz
Moarif (A-4) instructed him that training.
recruitment and other activities of PFI will be
carried out secretly. In this regard, Reyaz Moarif
sent him one voice clip on WhatsApp wherein
Riyaz Moarif asked him to send Yaqub Khan@
Sultan @ Usman to hideout located at Parsouni
village in district Muzaffarpur, Bihar. He conveyed
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
the said messages to Yaqub Khan and his associate
Afroz, through WhatsApp.
17.25 Consequent upon disclosure made by accused
Md Belal @ Irshad (A-30), he took NIA team to the
house of one Md Kadir Ansari s/o Muslim Ansari
R/o Vill Parsuni, PS Baruraj, Muzaffarpur, Bihar
where NIA team recovered and seized one Printed
banner of PFI having image of PFI flag with caption
"Registration' Popular Front of India", and two iron
swords having length around 77 cm. On the basis of
aforesaid seizure, a separate case was registered by
NIA at the Baruraj PS of Muzaffarpur vide FIR No
32/23, Date 05.02.23 under sections 120B, 121,
121A, 153A, 153B of IPC and section 10 & 13 of
UA(P) Act against five accused namely (1) Md.
Belal @ Irshad, s/o Md. Shahid, r/o Harpur Kishuni,
PS- Chakiya, East Champaran, Bihar, (ii) Riyaz
Mourif @ Bablu, s/o Md. Islam r/o Kunawa, PS-
Chakiya Dist-East Champaran Bihar, (iii) Yaqub
Khan @ Sultan @ Usman s/o Ayub Khan, r/o
Mogalpur, PS- Mehsi, East Champaran, Bihar, (iv)
Md. Afroz, s/o Md. Badre Alam, r/o Kasba, PS
Mehsi, East Champaran, Bihar and (v) Md. Kadir
Ansari, s/o Md. Muslim Ansari, r/o Village
Parsauni, PS- Baruraj, Dist- Muzaffarpur, Bihar."
21. The charge-sheet speaks of close association of Md.
Belal @ Irshad (A-30) with Reyaz Moarif (A-4) and collection of
funds from abroad as well as from his associates in India in the
Bandhan Bank account of Md. Belal @ Irshad (A-30). He had also
transferred Rs. 6,200/- to his close associate Md. Yaqub Khan @
Sultan @ Usman (A-27) on his mobile through UPI.
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
22. We find that in the matter of these two appellants,
their close connections with Md. Yaqub Khan (A-27) and Reyaz
Moarif (A-4) have been established to a large extent. We have
noticed that it is Md. Yaqub Khan who has been found involved in
putting social media posts with an intention to spread hatred
among two sections of the society and he was propagating the
undeclared aim and object of the PFI to establish Islamic rule in
India and in furtherance of his object, he had planned killing of a
boy of another religion and for this purpose, he had arranged for
two rounds of ammunition from Md. Abid through Tanveer Barkati
(the appellant under consideration). It is for this reason that the
NIA has filed charge-sheet against these appellants not only under
the Sections of the IPC and Arms Act but also under Section 10,
13, 17, 18 and 20 of the UA(P) Act.
23. We have further noticed that in the matter of illegal
channelising of funds while no direct connection of the accused
persons from State of Kerala and Karnataka with Reyaz Moarif
(A-4) has been found, so far as the appellant Md. Belal @ Irshad
(A-30) is concerned, his direct connection with Reyaz Moarif (A-
4) and receipt of money in his Bandhan Bank account would make
him stand at a different footing.
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
24. We noticed from the records that the NIA has cited
several witnesses and has attached the list of documents as well as
list of materials in support of the charge-sheet. It includes the
analysis of the bank accounts of accused and appellants and the
electronic digital evidences. The learned trial court has, having
gone into the materials on the record, concluded that even after the
proscription of the PFI organisation, Tanveer Barkati (A-28) and
Belal @ Irshad (A-30) along with other co-accused persons
remained actively involved in not only propagating the ideology of
the PFI but also in planning to carry out unlawful acts, including
arranging of arms and ammunition. The trial court having referred
the judgment of the Hon'ble Supreme Court in the case of Martin
Burn Limited vs. R.N.Banerjee reported in AIR 1958 SC 79,
found that the Hon'ble Supreme Court has explained that the
prima facie case does not mean a case proved to the hilt but a case,
which can be said to be established if the evidence, which is led in
support of the same, were believed.
25. While determining whether prima facie case has been
made out the relevant consideration is whether on the evidence led
it was possible to arrive at the conclusion in question and not?
Whether that was the only conclusion which could be arrived at on
that evidence? The trial court concluded that there are strong
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
demonstrative materials on record brought by the prosecution
which would establish that the allegation against the accused it
appears to be prima facie true. The learned trial court, therefore,
held that keeping in view the rigours of Section 43D(5) of the
UA(P) Act, 1967, the bail petition of the appellant should be liable
to be rejected.
26. Since the rigours of Section 43D(5) of the UA(P)
Act, 1967 is attracted in this case, the next plea of the learned
counsel for the appellants with regard to being in custody for a
little more than two years and chances of delay in conclusion of
trial is required to be considered. These appellants have been
arrested on 05.02.2023. The NIA has informed that altogether 160-
170 witnesses are required to be examined in course of trial but
presently only PW-2 is being cross-examined. Whatever be the
reason behind this, the question would be as to whether
considering the period of two years of incarceration of the
appellants, at this stage, they may be allowed to be released on bail
on this ground alone. In the case of Union of India v. K.A.
Najeeb reported in (2021) 3 SCC 713 the Hon'ble Supreme
declined to interfere with the order of the High Court. The High
Court was pleased to grant bail to the respondent after noticing that
he had remained in jail for over four years and the other co-
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
accused who had already undergone trial were sentenced to
imprisonment for not exceeding eight years, therefore, the decision
to consider bail was grounded in the anticipation of the impending
sentence. This has been noticed by the Hon'ble Supreme Court in
the case of Gurwinder Singh v. State of Punjab reported in
(2024) 5 SCC 403. We have also gone through the judgment of the
Hon'ble Supreme Court in the case of Thwaha Fasal vs. Union of
India reported in (2022) 14 SCC 766 and Angela Harish
Sontakke vs. State of Maharashtra reported in (2021) 3 SCC
723. While it is true that the Hon'ble Supreme Court has held that
the statutory restriction under Sub-section (5) of Section 43-D, per
se, do not oust the jurisdiction of the Constitutional Courts to grant
bail on grounds of violation of Part III of the Constitution of India
where there is no likelihood of trial being completed within a
reasonable time, it may be noticed that the Hon'ble Supreme Court
has granted bail to accused in the cases under UA(P) Act, 1967 after
noticing that there is no likelihood of trial being completed within a
reasonable time and the period of incarceration a detenue has
already undergone, covers a substantial part of the prescribed
sentences for the offences with which the latter has been charged. In
the present case, an incarceration of little more than two years
cannot be said to be a substantial part of the prescribed sentence for
the offences with which these appellants have been charged.
Patna High Court CR. APP (DB) No.911 of 2023 dt.18-04-2025
27. The seriousness of allegations and the severity of
punishment attached to the offences of which the appellants have
been charged, at this stage, the appellants have not made out a case
of violation of Part III of the Constitution. This Court has earlier
rejected prayer for bail of the co-accused Reyaz Moarif (A-4) and
Md. Irshad Alam in Cr. Appeal (DB) No. 42 of 2024 and Cr.
Appeal (DB) No. 130 of 2024 vide order dated 14.05.2024 and
15.05.2024 respectively.
28. In result, this Court declines to interfere with the
impugned orders, at this stage. Accordingly, these appeals are
dismissed.
29. It is made clear that the observations made
hereinabove are tentative in nature and no part of it shall cause
prejudice to the case of the either parties and it will have no
bearing on the trial.
(Rajeev Ranjan Prasad, J)
(S. B. Pd. Singh, J)
Rishi/-
AFR/NAFR AFR
CAV DATE 11.04.2025
Uploading Date 18.04.2025
Transmission Date 18.04.2025
