Back
DELHI HIGH COURT
Navin Chawla and Ravinder Dudeja, JJ.
Kamran Ashraf Reshi and Anr. – Appellants
versus
National Investigation Agency – Respondent
CNR No.DLHC010223332023, CRL.A.453/2023 and CNR No.DLHC010236102026 CRL.A.528/2026
Decided on 3.9.2026
Important Points
Bail – Long period of incarceration is a strong ground for grant of bail
Act Referred
CONSTITUTION OF INDIA : Art.21
INDIAN PENAL CODE : S.120(b), S.121(a), S.122, S.123
NATIONAL INVESTIGATION AGENCY ACT : S.21(4)
UNLAWFUL ACTIVITIES PREVENTION ACT : S.43(d)(5), S.18, S.18(a), S.18(b), S.20, S.38, S.39
Headnote
Unlawful Activities (Prevention) Act, 1967 – Section 43D(5) – National Investigation Agency Act, 2008 – Section 21(4) – Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483 – Constitution of India – Article 21 – Bail applications – Rejection – FIR registered under Sections 120B, 121A, 122 and 123 of Indian Penal Code, 1860 and Sections 18, 18A, 18B, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 – Appellants have already suffered incarceration for almost 5 years – Presently, only 21 witnesses have been examined, out of total cited 359 witnesses – There is no chance of trial concluding anytime soon – Given long period of incarceration of appellants juxtaposed against material alleged against them by NIA, appellants have been able to make out a case for being released on bail – Bail granted against conditions. (Paras 25, 47, 48 and 49)
Result: Appeals allowed.
For the Appellants:Mr. Kartik Murukutla and Mr. Abu Bakr Sabbaq, Advocates.
For the Appellants:Mr. Kartik Venu, Mr. Arjan Ajai Singh Chonker, Mr. R. Jude Rohit, Mr. Agrim Tandon and Ms. Alisha Sharda, Advocates.
For the Respondent:Mr. Amit Tiwari, SPP with Ms. Ayushi Srivastava, Mr. Kushagra Malik, Mr. Arpan Narwal and Mr. Ujjwal Tyagi, Advocates.
JUDGMENT
Navin Chawla, J.—These appeals have been filed by the appellants- Sobiya Aziz (Crl.A. 528/2026) and Kamran Ashraf Reshi (Crl.A. 453/2023) under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter referred to as, “NIA Act”) challenging the order(s) dated 14.05.2026 (for Sobiya Aziz) and dated 17.03.2023 (for Kamran Ashraf Reshi) passed by the learned Additional Sessions Judge-03, New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as, the “Trial Court”) in SC No.2/2022, titled “NIA v. Tariq Ahmed Dar & Ors.” (emanating from RC No.29/2021/NIA/DLI dated 10.10.2021 registered at Police Station NIA, New Delhi), whereby the learned Trial Court dismissed the bail applications filed by the appellants herein.
2. These appeals are being taken up for disposal together as many of the submissions of the learned counsels for the parties were common.
CRL.A. 528/2026
3. The appellant Sobiya Aziz has been arrayed as accused no.17 in the chargesheet dated 08.04.2022 filed by the respondent in the above case.
4. It is the case of the prosecution that reliable information was received that the cadres of proscribed terrorist organizations such as Lashkar-e-Taiba (“LeT”), Jaish-e-Mohammed (“JeM”), Hizb-ul-Mujahideen (“HM”), Al Badr and other similar outfits and their affiliates such as The Resistance Front (“TRF”), People Against Fascist Forces (“PAFF”), Mujahideen Gazwatul Hind (“MGH”), etc. are all active in Jammu & Kashmir (“J&K”) and are being orchestrated from Pakistan. These organisations and their affiliates are conspiring both physically and in cyberspace and are planning to undertake violent terrorist acts in J&K and in major cities of India, including New Delhi. They, in cohorts with their Pakistan based handlers and commanders, along with the network of Over-Ground Workers (“OGWs”), are also indulging in radicalization of impressionable local youth for the purpose of recruiting and training them in handling of arms, ammunition and explosives. The members of the proscribed terrorist organizations and their affiliates have also conspired to commit terrorist acts, recruited local youth to become members of terrorist organizations, and procured arms and ammunition for terrorism purposes. The members of the above-said proscribed organizations have conspired to wage war against the Government of India.
5. Based on the above information, FIR No. RC-29/2021/NIA/DLI dated 10.10.2021 was registered by the National Investigation Agency (hereinafter referred to as, “NIA”) under Sections 120B, 121A, 122 and 123 of the Indian Penal Code, 1860 (hereinafter referred to as, “IPC”) and Sections 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as, “UAPA”).
6. The appellant was arrested on 22.10.2021 and a search was conducted at her residence, where, it is alleged, incriminating material in the form of several diaries wherein she had made handwritten notes pertaining to establishment of Shariyat Law, Islamic State Ideology and other Jihadi material were recovered. It is further alleged that an Islamic State Flag was also recovered from her house.
7. Based on further investigation, the NIA filed the first chargesheet on 08.04.2022, naming 26 accused persons, out of which one was separately charge-sheeted, being a juvenile. Out of the 26 accused persons, the appellant herein was arrayed as accused no.17 and was charged with Sections 120B and 121A of the IPC read with Sections 18, 20, 38 and 39 of the UAPA.
8. A supplementary chargesheet under Sections 120B, 121A, 122, 123 of the IPC read with Sections 18, 18A, 18B, 20, 38 and 39 of the UAPA was filed by the NIA on 20.03.2023. Vide the said supplementary chargesheet, the NIA cited 51 additional witnesses and 55 additional documents in support, and named one additional accused.
9. The first application filed by the appellant seeking bail was withdrawn by her on 18.01.2022. Her second application was di
