Sajjad Alam @ Md. Sajjad Alam vs The Union of India through Ministry of Home Affairs

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.1580 of 2025
Arising Out of PS. Case No.-31 Year-2022 Thana- NIA District- Patna
======================================================
Sajjad Alam @ Md. Sajjad Alam S/o- Md. Faruk Village- Kuawa Kunawa PS-
Chakia PO- Kuawa Distt- East Champaran
... ... Appellant
Versus
1. The Union of India through Ministry of Home Affairs New Delhi
2. The National Investigation Agency (NIA), CGO Comples, Lodihi Road,
New Delhi New Delhi
3. The Director General, NIA, CGO Complex, Lodi Road, New Delhi New
Delhi
... ... Respondents
======================================================
Appearance :
For the Appellant : Md. Thahir, Advocate
Mr. Navneet Prabhakar, Advocate
Mr. Kundan Kumar Ojha, Advocate
Ms. Sadhna Parasher, Advocate
Ms. Megha Singh, Advocate
For the NIA : Dr. K.N.Singh (A.S.G.)
Mr. Arvind Kumar, Advocate
Mr. Paritosh Parimal, Advocate
Mr. Shivaditya Dhari Sinha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
Date : 22-07-2026

This appeal has been preferred for setting aside the order
dated 10.10.2025 passed by learned Special Court (NIA Cases),
Patna in Special Case No. 13 of 2023 arising out of
RC/31/2022/NIA/DLI. By the order under appeal (hereinafter
referred to as the ‘impugned order’), the application preferred by
the appellant under Section 439 of the Code of Criminal Procedure
(in short ‘CrPC’) for regular bail has been rejected.

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Prosecution Case
2. The petitioner is an accused in RC/31/2022. The
prosecution story as per the First Information Report giving rise to
Phulwarisharif P.S. Case No. 827 of 2022 dated 12.07.2022 re-
registered as NIA FIR No. RC/31/2022/NIA/DLI is as under:-
“ The prosecution case is based on a self-written
statement dated 12.07.2022 of the Inspector of Police-cum-
Officer-in-Charge of Phulwarisharif Police Station, Patna. In the
written report, the informant has alleged that on 11.07.2022, at
about 7:30 PM, he got a secret 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 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 and in course of
verification, 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.

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th th
The informant came to know that during 6 -7 July also, a meeting
had taken place in which some doubtful people had come.
It is alleged that as the informant was conducting the
verification, in the meantime, Md. Jalaluddin and Athar Parvez,
the owner of ‘Ahmed Palace’, came there. In their presence and 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-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

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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 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 could come and get

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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 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
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 ”
Submissions on behalf of the Appellant
3. It appears from the pleadings and submissions on
behalf of the appellant that the appellant is accused no. 39 who is
facing trial for the offences committed under Sections 17, 18 and

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18A of the Unlawful Activities (Prevention) Act (in short ‘UA (P)
Act’), 1967. It is stated that the appellant has been chargesheeted
vide second supplementary chargesheet for his alleged links in
sending money to accused no. 30 who had links with Chakia
Module. The appellant had allegedly communicated telephonically
with some accused persons and was acquainted with accused no.
33 in the abroad who facilitated funds.
4. A copy of the chargesheet filed against the appellant is
available on the record as Annexure ‘P/2’. Attention of this Court
has been drawn towards paragraphs ‘17.35’ and ‘17.36’ of the
chargesheet. It is stated that the Canara Bank account of this
appellant revealed suspicious transactions in form of cash deposits
in the name of Sinan (A-31) and Sarfaraz Nawaz (A-32). In a
tabular chart, the amount credited and deposited in the Canara
bank account of the appellant has been shown.
5. It is stated in paragraphs ‘17.37’ and ‘17.38’ of the
chargesheet that this appellant was in association with the accused
persons and his involvement in the criminal conspiracy has been
found in course of investigation. Money received from Reyaz
Moarif @ Babu (A-4) and other accused persons, namely, Tausif
Hussain @ Tausif Alam (A-6), Md. Ansarul Haque (A-21), Md.
Tanveer Barkati (A-28), Md. Irshad (A-36) and Md. Belal @

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Irshad (A-30) have been shown in a tabular chart. In sum and
substance, the allegation against this appellant is that this appellant
was facilitating supply of funds from UAE which was meant for
the accused persons who were running Motihari Module of PFI for
furthering criminal/unlawful activities of PFI after its ban by the
Central Government.
6. During investigation, the Investigating Agency has
seized cash deposit slips of various dates from Senior Manager,
Canara Bank, Bantwal, District-South Kannada, Karnataka and
cash deposit slips from Branch Manager, Canara Bank,
Panemanglore, District-South Kannada, Karnataka from which it is
found that Sarfaraz Nawaz had deposited cash in the Canara Bank
account of this appellant using the credentials of Md. Sinan. It is
stated that the transactions made in the account of the appellant by
Rafeek M (A-34) establishes the channelization of illegal funds of
bank account of A-39. Two diaries seized from the house search of
Sarfaraz Nawaz (A-32) on 05.03.2022 established the details of
date wise funds deposited in the Canara Bank account of this
appellant. It has also come that on the direction of Reyaz Moarif
(A-4), this appellant and some other accused, namely, Yaqub Khan
(A-27), Md. Belal @ Irshad (A-30), Md. Tanweer Barkati (A-28)
had gone to Aurai, Muzaffarpur for Basic Course (BC), training of

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PFI. In paragraph ‘17.47’ and ‘17.48’, it has come that this
appellant was enrolled in PFI with co-accused persons by Riyaz
Moarif. He had participated in the training at Purnea, Bihar which
were organised in secret manner. This appellant went to Dubai
UAE under visiting Visa and while living in Dubai he remained
connected with PFI in Bihar through Whatsapp and social media.
In September, 2022, the Government of India banned PFI,
therefore, it had become difficult to collect funds for training and
other activities related to the organisation. This appellant contacted
Iqbal (A-33) resident of Karnataka whose syndicate was active in
Dubai and Karnataka and Kerala. This appellant collected funds in
Dubai and transferred illegal funds to his Canara Bank account,
Chakia Branch through syndicate member Sinan (A-31), Sarfaraz
Nawaz (A-32), Rafeek M (A-34) and Abid K M (A-35) in
Karnataka and Kerala.
7. Learned counsel for the appellant submits that he is
moving this Court for grant of bail on three grounds:-
(1) the case of the appellant is in pari materia with that
of other accused persons who have been granted bail either by this
Court or by the Hon’ble Supreme Court. It is submitted that Md.
Sinan (A-31), Sarfaraz Nawaz (A-32), Abdul Rafique (A-33),
Rafeek M (A-34) and Abid K M (A-35) have been granted bail by

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this Court on 18.04.2025. Md. Yakub Khan (A-27), Shahid Reza
(A-38), Riyaz Moarif (A-4), Tanveer Barkati (A-28), Maulana
Abdur Rahman (A-24), Md. Belal @ Irshad (A-30), Md. Irshad
Alam (A-36), Athar Parwez (A-1) and Md. Jalaluddin (A-2) have
been granted privilege of bail by the Hon’ble Supreme Court.
(2) It is stated that from the materials on the record, it
would be evident that no case is made out against the appellant
under Sections 13, 20 of UA(P) Act. There is no material to show
that the funds were used for terror acts. The telephone calls were
normal social contact calls made during the period when PFI was
still legal and, therefore, it cannot be said to be a terror conspiracy.
Learned Special Court has not conducted the triple test i.e. (a) risk
of flight, (b) tampering evidences and (3) influencing witnesses,
therefore, the learned Special Court has not acted in accordance
with the judgment of the Hon’ble Supreme Court in the case of
Dataram Singh vs. State of Uttar Pradesh and Another reported
in (2018) 3 SCC 22 and P. Chidambaram vs. Directorate of
Enforcement reported in (2020) 13 SCC 791 .
(3) It is submitted that the grounds of arrest was not
properly served upon the appellant. Referring to the judgment of
the Hon’ble Supreme Court in the case of Vihaan Kumar versus
The State of Haryana and Another reported in (2025) 5 SCC

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799, learned counsel submits that it is the duty of the Magistrate to
verify the service of ground of arrest at the time of production of
accused persons and to duly record the compliance. It is submitted
that there is no ground of arrest served upon the appellant. Neither
any transit remand nor regular court remand were taken in this
case.
8. Learned counsel has relied on the judgment of the
Hon’ble Supreme Court in the case of Usmanbhai Dawoodbhai
Memon and Others versus State of Gujarat reported in (1988) 2
SCC 271, Vernon versus State of Maharashtra and Another
reported in (2023) 15 SCC 56 and Shefeek and Another versus
Union of India and Another reported in 2025 KER 27411 to
submit that the learned Special Judge was required to carefully
examine every case coming before it for finding changed
provisions of the Act applied or not. Since before granting bail,
this Court called upon to satisfy that there are reasonable grounds
to believe that the accused is innocent of the offence and that he is
not likely to commit any offence while on bail, the allegations on
fact, the police report along with statements in the case diary and
other available materials should be closely examined. A prayer for
bail ought not to be rejected in a mechanical manner.

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9. Learned counsel submits that in this case, the learned
trial court has rejected the prayer of the appellant for bail in a
mechanical manner.
Submissions on behalf of the NIA
10. On the other hand, learned ASG submits that on bare
perusal of the chargesheets filed against the appellant, it may be
found that there are serious allegations against the appellant of
facilitating funds to the members of the PFI/Chakia Module. The
appellant was sending money to the co-accused persons from
Dubai through syndicate and the same were being used for various
unlawful activities which were carried out by the members of the
PFI. In the counter affidavit filed on behalf of the NIA, the role of
the appellant has been pointed out. It is submitted that in the case
of Anwar Rashid (A-37), it was found in course of investigation
that he was ex-member of the banned terrorist organization
Student Islamic Movement of India (SIMI) and he was also
associated with several PFI members of Bihar and UP including
FIR named accused Manjar Parvej (A-18), Athar Parvej (A-1) who
was instrumental in preparing a secret group of ex-SIMI members
to work for the agenda of Popular Front of India, a banned
unlawful association. The said Anwar Rashid (A-37) has been
denied bail by the Hon’ble Supreme Court in Special Leave to

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Appeal (Crl.) No. 3496 of 2026 arising out of the judgment dated
20.11.2025 passed by this Court in Cr. Appeal (DB) No. 310 of
2025.
11. It is submitted that some of the accused persons
whose bail were denied have been granted bail by the Hon’ble
Supreme Court but on perusal of the records, it may be easily
found that all those who have been granted bail by the Hon’ble
Supreme Court had remained in jail for at least two and half years.
In the present case, the appellant is in custody only since
04.01.2025, therefore, he has remained in custody for only one
year six months approximately. Learned ASG has further informed
that the trial of the appellant has been separated and he is facing
trial in Trial No. 6 of 2025 along with Shamim Akhtar (A-3) and
Md. Mahboob Alam Nadvi (A-7) who had been arrested on
30.10.2025 and 13.09.2025 respectively.
12. It is submitted that the submission of learned counsel
for the appellant that no case is made out against the appellant is
liable to be rejected at the outset. Learned Special Court upon
perusal of the FIR, Police Report and other materials on the record
took cognizance of the offences under Sections 120B, 121, 121A,
153A, 153B of IPC and section 10, 13, 17, 18, 18A, 18B and 20 of
the UA(P) Act. Even charges have been framed against the

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appellant after finding that there are sufficient materials on the
record to satisfy the ingredients of the offences under Sections
120B, 121, 121A, 153A, 153B of IPC and Sections 10, 13, 17, 18,
18A, 18B and 20 of the UA(P) Act. In such circumstance, this
Court while hearing the bail application may not be in a position to
form an opinion that the appellant is not guilty of commission of
the offence for which he has been charged. There is no reasonable
grounds for believing that the accused is innocent of the offence
and that he is not likely to commit any offence.
13. Learned ASG further submits that so far as the issue
raised with regard to the grounds of arrest is concerned, learned
Special Judge has dealt with this ground in paragraphs ‘16’ and
‘17’ of the impugned judgment. Learned Special Judge has found
that it was a false statement which is liable to be deprecated. It is
stated that on the date of arrest of the petitioner i.e. on 04.01.2025,
the grounds of arrest were duly served upon him along with the
arrest memo and personal search memo which fact is clearly
established by his receiving signatures on each of the documents.
14. Further, the date on which transit remand was sought
i.e. 05.01.2025, he was produced before learned Duty JMFC,
Patiala House Courts, New Delhi and the order passed by the
learned Magistrate clearly mentions that the grounds of arrest has

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been found justified and that the petitioner has been produced
within 24 hours of arrest. It is submitted that even the order passed
by the court on 07.01.2025 clearly mentions about the grounds of
arrest.
15. Answering the submissions of learned ASG, the learned
counsel for the petitioner submits that there is no criminal antecedent of
this appellant. It is stated that there is no allegation that the appellant
was a member of SIMI. The PFI was banned in September, 2022 not as
a terrorist organisation.
Consideration
16. We find substance in the submission of learned ASG in
paragraphs 12, 13 and 14 here-in-above. Charges have already been
framed against the appellant. In paragraph ‘16’ of the impugned
judgment, the learned trial court has deprecated the submissions made
on behalf of the appellant that the grounds of arrest were not served
upon the appellant. We have noticed from the averments made in the
memorandum of appeal that in a very casual manner, a statement has
been made that admittedly no ground of arrest was served upon the
appellant and no transit remand was taken from the court at Delhi. We
find that such statement has been made without contesting the
recordings present in paragraph ‘16’ of the impugned judgment. Thus,
the ground nos. (2) and (3) recorded under paragraph ‘7’ of this order
would fail.

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17. The only ground which remains to be considered by
this Court is the ground of parity. Whether or not the appellant be
allowed privilege of bail during pendency of the trial on the
ground that other accused persons who were also members of the
PFI and with whom transactions had taken place have been
granted bail, is required to be considered.
18. This Court finds that the other members of the PFI with
whom transactions had taken place are Sinan (A-31), Sarfraz Nawaz (A-
32), Iqbal (A-33), Rafeek M (A-34), Abid K M (A-35) and Riyaz
Moarif (A-4). All these accused persons have been granted privilege of
bail either by this Court or by the Hon’ble Supreme Court. On perusal
of the chargesheets, which are available on the record, it is found that
the allegation against Riyaz Moarif (A-4) is that he used Bandhan Bank
account of Md. Belal @ Irshad for collection of funds from abroad as
well as from associates in India. The chargesheet further reveals that
Bandhan Bank of accused Md. Belal @ Irshad revealed that he carried
out several transactions with co-accused Riyaz Moarif (A-4) and his
wife Shabana Khatoon, Md. Sanaullah (A-5), Md. Ansarul Haque (A-
21), Md. Sajjad Alam (A-39) and Yaqub Khan (A-27).
19. This Court further finds from the chargesheet that
Md. Belal @ Irshad had received funds in his Bank account from
his associate Md. Sajjad Alam (the appellant) and the appellant has
been referred as an associate of FIR named accused Riyaz Moarif,

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Md. Ansarul Haque, Tausif Alam, Shameem Akhatar and Athar
Parvej. This Court reproduces paragraphs ‘17.35’, ‘17.36’ and
‘17.37’ of the chargesheet hereunder for a ready reference:-
“ 17.35 During further investigation, analysis of
Canara Bank A/c no. 6342101000497 of Md. Sajjad
Alam (A-39) revealed that the suspicious
transactions in form of cash deposits were made in
the name of Sinan (A-31) from the Canara bank
from Panemangalore, Bantwal and Vittala branches
of Dakshina Kannada district of Karnataka. A total
of Rs. 6,14,930/- were deposited in said bank
account of A-39 from 29.11.2022 to 10.02.2023.
Sarfraz Nawaz (A-32) also transferred funds using
UPI in the said bank account of A-39. A total of Rs.
93,700/- were transferred in said bank account of A-
39 by Sarfraz Nawaz (A-32) from 03.12.2022 to
27.01.2023. The cash amounts Rs.50,000/- or less
than were deposited to avoid generation of
Suspicious transaction Report (STR) and escape
scrutiny of law enforcement agencies.
17.36 A pictorial diagram showing flow of funds in
the Canara Bank Account No. 6342101000497 of
Md. Sajjad Alam (A-39) is as under:-
Financial
Debit
Amount
Credit
Amount
Year
2016-2017 1,005
2017-2018 27,536 39,679
2018-2019 2,01,030 1,90,101
2019-2020 1,35,672 1,86,813
2020-2021 6,32,200 5,86,178
2021-2022 6,40,860 6,72,027
2022-2023 18,80,833 19,90,934
Grand
35,18,131 36,66,737
Total

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17.37 Investigation also brought out the
undermentioned transactions between FIR named,
further arraigned accused persons and Md. Sajjad
Alam (A-39) which established his association
with these accused persons and his involvement in
this criminal conspiracy:
Suspect Name Received Sent Count
Riyaz Moarif (A-4) - 8,000 1
Tausif Alam (A-6) 1,000 - 3
Md. Ansarul Haque (A-
21)
150 2,500 3
Md. Tanveer Barkati 5,230 8,450 9
Mr. Irshad 200 - 1
Md. Belal @ Irshad (A-
30)
69,857 3,36,400 68
20. This Court finds that either this Court or the Hon’ble
Supreme Court has been pleased to grant bail to all those accused
persons who had allegedly received money in their account and
against whom the allegations were that they were in chain of the
accused who were keeping the funds for carrying on the unlawful
activities of the PFI. The Hon’ble Supreme Court has noticed that
there are large number of prosecution witnesses who are required
to be examined and perhaps it would not be possible to examine
them within a reasonable period, the accused has remained in
custody for over two years, therefore, they have been granted bail.
21. In the present case, this Court finds that the accused
has remained in jail for over one and half year but till date as per

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the statement of the learned ASG, no witness has been examined in
the separate trial which is being faced by the appellant. Learned
counsel for the appellant and learned ASG for the NIA are not on
the same page in this regard as learned counsel for the appellant
submits that the appellant is facing trial with the other accused in
which total 426 witnesses have been cited and out of them only 18
witnesses have been examined so far.
22. Mr. Arvind Kumar, the Assisting Counsel to learned
A.S.G. submits that in this trial, the proposal to prune the number
of witnesses is pending with the headquarters of the N.I.A. and
first three witnesses are likely to be examined on 01.08.2026.
23. Having considered the entire submissions and the
materials present on the record, this Court finds that the case of the
appellant stands on equal footing with that of those who have been
granted bail either by this Court or by the Hon’ble Supreme Court.
The case of Anwar Rashid (A-37) whose bail has been denied by
the Hon’ble Supreme Court stands on a completely different
footing. In such circumstance, this Court sets aside the impugned
order passed by learned Special Judge, NIA and directs that the
appellant be released on bail on furnishing bail bonds of Rs.
25,000/- (Rupees Twenty Five Thousand) with two sureties of the
like amount each to the satisfaction of learned Special Court (NIA

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Cases), Patna in Special Case No. 13 of 2023 arising out of
RC/31/2022/NIA/DLI subject to the conditions prescribed under
Section 480(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)
and further condition that the appellant shall submit his passport
with the learned Special Court, NIA. He shall not go outside India
without prior permission of the trial court.
24. The appellant shall attend the trial on each and every
date fixed in the matter. Two consecutive defaults in putting
appearance without any plausible reason shall invite action
towards cancellation of the bail bond of the appellant by the
learned trial court.
25. This appeal is allowed accordingly.
(Rajeev Ranjan Prasad, J)
(Sunil Dutta Mishra, J)
SUSHMA2/-
AFR/NAFR
CAV DATE
Uploading Date 23.07.2026
Transmission Date 23.07.2026