$~12 & 13 * IN THE HIGH COURT OF DELHI AT NEW DELHI CRL.M.C. 5129/2025 BILAL MIR .....Petitioner Through: Mr. Adit S. Pujari, Mr. Kartik Venu, Mr. R Jude Rohit and Mr. Pushkin, Advocates.

versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr. Gautam Narayan, Senior Advocate SPP with Ms. Asmita Singh Adv, Mr. Geeth Kumar Adv, Mr. Avadhesh Yadav, Advocates with Inspector NIA.

13 + CRL.M.C. 5130/2025 BILAL MIR .....Petitioner Through: Mr. Adit S. Pujari, Mr. Kartik Venu, Mr. R Jude Rohit and Mr. Pushkin, Advocates.

versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr. Gautam Narayan, Senior Advocate SPP with Ms. Asmita Singh Adv, Mr. Geeth Kumar Adv, Mr. Avadhesh Yadav, Advocates with Inspector NIA.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

O R D E R

% 10.12.2025 CRL.M.A. 36380/2025 (for early hearing) in CRL.M.C. 5129/2025 CRL.M.A. 36381/2025 (for early hearing) in CRL.M.C. 5130/2025

1. Applications under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as ‘B.N.S.S.’) read with Article

226/227 of the Constitution of India, 1950, have been filed on behalf of the Petitioner, for an early hearing on the ground that the testimony of a protected witness is listed to be recorded on 12.12.2025.

2. Learned Senior Counsel on behalf of the Respondent/NIA has pointed out that the Apex Court vide Orders dated 15.05.2024 and 31.07.2024 had directed the recording of the testimony of the protected witnesses. On 16.07.2025, the Apex Court has specifically directed recording of the two witnesses, namely, Uzair Ahmad Ganie (PW-271) and Fayaz Ahmad Ganie (PW-272). While, Uzair Ahmad Ganie, PW-271 has been recorded but PW- 272 could not be examined because of his hospitalisation. Thereafter, the learned Sessions Judge vide Order dated 28.11.2025 had directed the presence of PW-271, Fayaz Ahmad Ganie and the one protected witness as a backup in case PW-271 is not available. In this context, it may also be noted that the Apex Court vide Order dated 03.12.2025 has directed that if PW- 271, Prosecution witness is not in a condition to depose and is unable to travel to the Court because of his health condition, the Court may consider sending a Court Commissioner along with the prosecution in defence counsel for recording of his Statement.

3. The Petition bearing CRL.M.C. 5130/2025 has been filed on behalf of the Petitioner to seek un-redacted Statements of X-5 and X-11.

4. In the circumstances, there is no ground for preponment of the present matters, which are in any case listed on 17.12.2025. The Applications are, therefore, dismissed and disposed of accordingly.

CRL.M.C. 5129/2025 & CRL.M.C. 5130/2025

5. Be listed on the date already fixed i.e. 17.12.2025.

NEENA BANSAL KRISHNA, J DECEMBER 10, 2025/RS