Allahabad High Court Denies Bail To 2 Alleged PFI Members Accused Of Conspiring To Kill Hindu Religious Leaders

The Allahabad High Court last week denied bail to 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 and for creating fear and terror in the Society.

"...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," the bench of Justice Ramesh Sinha and Justice Renu Agarwal observed as it refsued to grant bail to the accused.

The case in brief

Essentially, both the accused (Ansad Badruddin and Firoz Khan) were arrested on February 16, 2021, by the Anti-Terror Squad after receiving a piece of information that members of the PFI (accused) were to meet 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.

At the time of their arrest, allegedly one pistol 32 bore, 6 live cartridges, 9 rods of high-quality explosives, 2 Explosive ER FO Devices with battery etc were recovered along with a diary written in Malayalam language, wherein they had disclosed their aim, object, and ideology.

The prosecution has further alleged that in that diary, words lil "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 our area leader", "conspiracy" like words were also written.

Consequently, an FIR was lodged against them after a thorough investigation in the matter, and a chargesheet against them was also filed for the offence under Sections 120-B, 121-A I.P.C., 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.

The state also submitted that 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.

The Accused filed the instant appeal under Section 21 of the National Investigation Act, 2008 against a June 2020 order of the trial Court denying them bail. It was their argument that the recovery is false and planted one as no independent or public witnesses were recorded in the memo when they were arrested and only police witnesses were there. 

However, taking into account the fact that objectionable articles were recovered at the time of their arrest 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, the Court refused to grant them bail.

Accordingly, the appeal was dismissed, however, the trial court was directed to expedite the trial of the case and conclude the same expeditiously preferably within a period of one year.

Case title - Ansad Badruddin And Another v. State Of U.P. Thru. Prin. Secy. Home Lucknow And 2 Others [CRIMINAL APPEAL No. - 1763 of 2022]

Case Citation: 2022 LiveLaw (AB) 526

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