In Brief
Two young men, aged 20 and 24, were arrested on suspicion of membership in a banned terrorist organisation (CPI Maoist) based on materials seized during their apprehension. Charged under anti-terrorism laws, they applied for bail after the NIA filed its charge sheet. The Special Court granted bail with stringent conditions, but the High Court cancelled bail for one applicant. The Supreme Court examined whether the materials established the essential legal ingredient of 'intention to further terrorist activities' and held that mere possession of documents or association, without overt acts demonstrating such intent, was insufficient. Finding no prima facie case on this key ingredient, the Court allowed bail to both accused, noting their lengthy pre-trial custody and the slow trial progress.
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