IMPORTANT POINTS
(1) Bail – Long incarceration and delay in trial are grounds for grant of bail – Rights under Article 21 of Constitution need to be balanced and may even trump restriction imposed under Section 43D(5) of UAPA.
(2) High Court must not refrain from considering the matter before it in accordance with law binding on it only because a question of law is referred to a larger Bench.

JUDGMENT

Navin Chawla, J.—The present appeal has been filed by the appellant under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as the „NIA Act ), assailing the Order dated 13.12.2024 passed by the learned Additional Session Judge-03, N.D.D. Patiala House Courts, New Delhi (hereinafter referred to as the „Trial Court ) in NIA/4/2022, titled National Investigation Agency v. Khuram Parvez@Khurram and Ors., emanating from RC No. 30/2021/NIA/DLI, whereby the learned Trial Court rejected the bail application filed by the appellant herein.

Case of the Prosecution:

2. The appellant before this Court is the Accused No.1 before the learned Trial Court.

3. The case of the prosecution is that reliable information was received by the Central Government on the Lashkar-e-Taiba (LeT), a Pakistan-based proscribed terrorist organization, establishing a widespread network of operatives/over-ground workers (OGWs) in India for providing support in the planning and execution of its terrorist activities in various parts of the country.

4. Basis the said inputs, the Ministry of Home Affairs, Government of India, issued Order No. 11011/68/2021 dated 05.11.2021, directing the National Investigation Agency („NIA ) to investigate into the same.

5. Pursuant thereto, FIR bearing No. RC-30/2021/NIA/DLI came to be registered at Police Station NIA, New Delhi on 06.11.2021, under Sections 120B, 121 and 121A of the Indian Penal Code, 1860 (‘IPC’) and Sections 17, 18, 18B, 38 and 40 of the Unlawful Activities (Prevention) Act, 1967 (‘UAPA’).

6. The said FIR, apart from naming various individual accused persons, also narrates a broad conspiracy involving the recruitment and running of an OGWs network of the LeT in India by a Pakistan based handler identified as one Hyder@Ali@Yusuf. The name of the appellant was not mentioned in the FIR.

7. Upon registration of the FIR, an investigation team was constituted by the NIA, which commenced an inquiry into digital and ground-level networks allegedly connected with the said conspiracy. This investigation led to the arrest of multiple suspects, including the appellant-Khuram Parvez (A-1), Muneer Ahmad Kataria (A-2), Arshid Ahmad Tonch (A-3), and Zafar Abbas (A-4), who were arrested on 22.11.2021, 16.11.2021, 18.11.2021, and 07.12.2021, respectively. Thereafter, Rambhawan Prasad (A-5) and Chandan Mahato (A-6) were arrested on 16.12.2021. On analysis of the digital devices of the accused persons, the role of Arvind Digvijay Negi (A-7), Superintendent of Police, surfaced and he was arrested on 18.02.2022.

8. Upon completion of substantial investigation, the NIA filed its first charge-sheet on 13.05.2022 against the aforementioned seven accused persons.

9. In the charge-sheet, it is alleged that the LeT, which is engaged in waging war against the Government of India, has established a widespread network of OGWs for providing support in the planning and execution of its terrorist activities in various parts of India, including in Jammu and Kashmir. The accused persons along with their associates, are stated to have hatched a conspiracy to recruit persons across various States of India for the said cause. It is alleged that they were in contact with foreign based handlers and upon their directions, gathered intelligence on vital installations, Security Forces/Security Agencies of India. They also identified target locations for launching terror attacks. This information was then stated to be passed on to the LeT leadership based in foreign countries via internet-based communication platforms. It is alleged that they also received terror funds from handlers abroad, including from Hyder @ Ali @ Yusuf, and were operating multiple pseudonymous bank accounts to channelize and distribute these funds to OGWs for furtherance of terrorist activities.

Specific Allegations Against the Appellant (Accused No.1):

10. It is alleged that the appellant is the Program Coordinator of the Jammu and Kashmir