JUDGEMENT
ANUP JAIRAM BHAMBHANI -
(1.)Introduction The appellant, Natasha Narwal has preferred the present appeal under section 21(4) of the National Investigation Agency Act 2008 (‘NIA Act', for short) impugning order dated 28.01.2021 made by the learned Special Court (‘impugned order', for short) rejecting the appellant's bail application in case FIR No. 59/2020 (‘subject FIR', for short) dated 06.03.2020 registered initially under sections 147 / 148 / 149 / 120B of the Indian Penal Code 1860 (‘IPC', for short) at P.S.: Crime Branch, New Delhi, to which offences under sections 109 / 114 / 124A / 153A / 186 / 201 / 212 / 295 / 302 / 307 / 341 /353 / 395 / 419 / 420 / 427 / 435 / 436 / 452 / 454 / 468 / 471 / 34 IPC, sections 3 / 4 of the Prevention of Damage to Public Property Act 1984 (‘PDPP Act', for short), sections 25 / 26 of Arms Act 1959 and sections 13 / 16 / 17 / 18 of the Unlawful Activities (Prevention) Act 1967 (‘UAPA', for short) were subsequently added. The appellant is stated to be in custody since 29.05.2020 in the subject FIR.
(2.)Briefly, the appellant is a student pursuing MPhil-Ph.D. Programme in the Department Centre of Women's Historical Studies at the Jawaharlal Nehru University, New Delhi, having completed her Bachelor of Arts (Honours) and Master of Arts in History from Hindu College, Delhi University.
Essence of allegations against Appellant
(3.)In essence, the case cited by the prosecution against the appellant is that she was involved in instigating the local population in certain Muslim dominated areas in Delhi, particularly women, to protest against the Citizenship Amendment Act 2019 (‘CAA', for short) passed by the Parliament and the exercise undertaken by the Central Government for creating a National Register of Citizens (‘NRC', for short), by allegedly seeking to incite feelings of persecution. Other than this, the allegation is that as part of a women's rights group called ‘Pinjra Tod' (which may loosely be translated as ‘break-free from the cage', namely from societal shackles) and other activistic groups called the Delhi Protests Support Group (‘DPSG', for short), the Jamia Coordination Committee (‘JCC', for short), Warriors and ‘Auraton ka Inquilab', the appellant participated in a so-called larger conspiracy to commit certain offences that are subject matter of the subject FIR, which also led to riots that occurred in the North-East part of Delhi between 22.02.2020 and 26.02.2020.
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