Humanitarian grounds can justify granting custody parole in terrorism-related cases, despite security concerns.

ORDER :

1. This hearing has been done through hybrid mode.

CRL. M.A. 759/2025 (For Exemption) 

2. Allowed, subject to all just exceptions. Application is disposed of.

CRL. A. 35/2025

3. The present appeal has been filed under Section 21(4) of the National Investigation Agency Act, 2008, read with Section 483 of BNSS challenging the impugned order dated 9th January, 2025 passed by the ld. ASJ-03, Patiala House Courts, New Delhi, in case being NIA No. 2/2022  titled as NIA vs. Tariq Ahmed Dar & Ors., arising out of FIR No. RC No. 29/2021/NIA/DLI dated 10^th October, 2021 registered at P.S. NIA Delhi, under Sections 120B/121/122/123 of IPC and Sections 18/18A/18B/20/38/39. 

4. Vide the impugned order the ld. ASJ has granted custody parole to the Appellant for two days till 12th January, 2025 to visit his family and see his father in Srinagar.

5. The Appellant is arraigned as Accused - 27 in the charge-sheet dated 8th April, 2022, filed by the NIA in respect of the said FIR. The order on charge has already been passed on 30^th July, 2024 and the charges have also been framed against the Appellant. The allegations against the Appellant as captured in the order on charge read as under:-

“118. It is argued on behalf of State qua accused Arif Farooq Bhat (A-27) that the disclosure made by the accused A-27 led to the discovery of hitherto unknown facts which has been represented as D-183, which is the scrutiny report of digital device seized from possession of the accused. The scrutiny reveals that accused was a member of several online propaganda groups such as 'Malviaalhizbi", 'Resistance Front', 'Mavia Al-Hizbi Official', 'Grief of Ummah', 'ULF J&K Official', 'Kashmir Cyber Warriors' (D-183/1 to D-183/4). The messages shared in these groups clearly establishes the cyber conspiracy hatched by Pak based terror outfits in the instant case, as already stipulated in para 17.6 to 17.21 of the chargesheet supported by D-204, D-216, statement of PWX-4, and PW-278. Recovery of images of threatening posters (D-183/10), extremist literature (D- 183/11, D-183/12), audio clips of podcasts channels (D-183/8) and other relevant material on record establishes role of the accused in the overall conspiracy of the case. That the extent of radicalization of the accused is also reflected in the chat recovered from the digital device (D-183/5) wherein the accused discusses about his intent to destroy India while being in discussion with a Pakistan based cyber entity namely 'Seraj Badree'. The recovery of multiple video clips (D-183/6 and D-183/7) from the digital devices of the accused invariably establishes that the accused was receiving training in handling (assembly / disassembly) of large weapons (AK- 47 etc.) from Pak-based handlers of proscribed terrorist organizations. In one of the videos, the accused even confesses to the Pakistan based handler that he has been involved in the stone pelting activities and express his desire to take up arms for freedom of Kashmir and to fight India. The accused was thus conspiring and committed acts preparatory to the commission of a terrorist act. That the proximity of the accused with different Pakistan based Cyber entities and groups orchestrating a cyber conspiracy is further established from the recovery of screenshots from digital device (D- 183/14 and D-183/15), related to recruitment of cadres to terrorist ranks. Further recovery of images of graffiti "We are TRF", "posters of TRF" etc. read with the statement of PW-257, also establishes that accused took prints of the threatening posters of IRF and pasted these posters in and around Bemina area of Srinagar to further the agenda of terrorist organizations. Additionally, recovery of image of co-accused A-3, establishes inter- connectivity of the accused with co-accused acting as a "hybrid cadre'.

119. Ld. Counsel for A-27 argued that applicant/accused is age