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2026 Supreme(SC) 571

SURYA KANT, JOYMALYA BAGCHI, VIPUL M. PANCHOLI
Suhail Ahmad Thokar – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Kartik Murukutla, Adv. Mr. Farrukh Rasheed, AOR Mr. Abu Bakr Sabbaq, Adv.
For the Respondent(s): Mr. Tushar Mehta, Solicitor General Mr. K M Nataraj, A.S.G. Mr. Kanu Agrawal, Adv. Mr. Tanmay Mehta, Adv. Mrs. Bani Dixit, Adv. Mr. Raman Yadav, Adv. Ms. Sarthak Karol, Adv. Ms. Sansriti Pathak, Adv. Mr. Arvind Kumar Sharma, AOR Mr. Aman Mehta, Adv.

ORDER

1. Leave granted.

2. The appellant seeks his enlargement on regular bail in case FIR Crime No.RC-29/2021 registered at Police Station National Investigation Agency, Delhi under Sections 120B, 121A, 122 and 123 of the Indian Penal Code, 1860 and Sections 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The case pertains to incubation of a larger conspiracy in the Kashmir Valley, where it is alleged that physical and digital domains had been orchestrated by proscribed groups, whose description has been disclosed in the FIR and who are involved in radicalising local youth. This is said to be done with an intention to recruit and train them in handling arms, ammunition, and explosives. The allegation against the appellant was that he was involved in providing refuge to the members of such proscribed organisations.

3. The appellant was arrested on 20.10.2021 and has been in custody since then. The bail having been denied by the trial court as well as by the High Court, vide impugned order dated 22.09.2023, the appellant has approached this Court.

4. Various orders have been passed from time to time with a view to ensure that the vital and protected witnes

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