A.P.SAHI,J - (1.) HEARD Sri Ravi Kiran Jain, Sri D.S. Mishra assisted by Sri Ankur Sharma for the applicant and Sri J.P.N. Raj for the State.
(2.) THE applicant and her husband Sri Vishwa Vijay @ Kamal are sought to be prosecuted by the State in Case Crime No. 37 of 2010 under the provisions of the Unlawful Activities (Prevention) Act, 1967 read with a couple of Sections under the Indian Penal Code. The unlawful activities in essence are said to be related to an association of individuals connected with the Communist Party of India (Maoist), now included as a Terrorist Organization in The Schedule appended to the 1967 Act under a notification dated 22.6.2009. The present bail application is on behalf of the applicant Smt. Seema Azad wife of Vishwa Vijay stated to be operating along with her husband in the aforesaid unlawful activities of spreading violence and instigating the public at large to wage war against the State. The activities of the applicant are alleged to have its connections with such similarly involved persons and their linkage is alleged to be established through evidence discovered by the investigating agency. For this a recovery of substantial material in the form of printed pamphlets and booklets containing intimidating and incriminating literature is said to have been made from the applicant as well. Apart from this a couple of witnesses who have given the statement identifying the applicant and her husband is the evidence which has been collected to have given rise to the prosecution and the consequential arrest of the applicant.
(3.) SECTIONS under which the applicant is sought to be prosecuted are Sections 18/20/21/23(2) of the Unlawful Activities Act, 1967 read with Sections 120-B/121/121-A of the Indian Penal Code. The allegations are in essence of the applicant being involved in a conspiracy of terrorist activities and aiding and abetting them.;