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2025 Supreme(Online)(Del) 48682

IN THE HIGH COURT OF DELHI AT NEW DELHI


2025:DHC:5522-DB


CRL.A. 1087/2024


ARSALAN FEROZE AHENGER .....Appellant

versus

NATIONAL INVESTIGATION AGENCY .....Respondent


Through: Mr. Siddharth Satija, Mr. Sowjhanya Shankaran, Mr. Akash Sachan, Ms. Anuka Bachawat, Advocates

Through: Mr. Rajesh Mahajan, SPP with Mr. R.K. Bora, Advocate with DSP Surender Pal.


CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR


Date of decision: 07th JULY, 2025

JUDGMENT

SUBRAMONIUM PRASAD, J.

1. The present appeal is filed by the Appellant challenging the Order dated 10.09.2024 passed by the Ld. Principal District & Sessions Judge, Patiala House Court, New Delhi District, Delhi (hereinafter referred to as “Trial Court”) dismissing the bail application of the Appellant herein who has been charge-sheeted for the offences punishable under Sections 120-B, 121 & 122 of IPC and Sections 13, 17, 18, 18B, 38 & 39 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA”).

2. Short of unnecessary details, facts leading to the filing of the present appeal as noted by the Ld. Trial Court are that against the backdrop of abrogation of Article 370 of the Constitution of India, conspiracies were being hatched by various terrorist organizations like Lashkar-e-Toiba [‘LeT’] and The Resistance Front [‘TRF’] for targeted attacks on minorities, security forces, political leaders and other important persons. Some of these conspiracies were allegedly planned and have also been executed to create unrest, instability and fear in the region of Kashmir and other parts of the country.

3. The facts of the case further reveal that the conspiracies and attacks made by the TRF are not merely confined to the physical attacks but also extended to radicalising and recruiting local youth for disseminating provocative narrative and carrying out various militant activities, thereby extending support to the terrorist organisations, in whichever way possible.

4. It was further alleged that the material on record indicates that the internet was being used extensively by the members of the TRF for the purpose of disseminating information and radicalising local youth. Various digital and social media platforms like Facebook, WhatsApp, Telegram, Instagram and Twitter etc., were being used for disseminating false and provocative narrative against the nation, creating unrest and militancy tendencies in the local youth by drawing them towards the terrorist organisations and their radical ideology.

5. The Ld. Trial Court records that a new term has been coined i.e. Over Ground Workers [‘OGW’] whose services were being utilized for various terrorist activities such as training and recruitment of local youth and propagation of radical ideology in every feasible and possible manner.

6. The specific allegation against the Appellant herein is that the Appellant was associated with one Mehran Yaseen Shalla, who was associated with TRF/LeT. The said Mehran Yaseen Shalla along with two other persons was killed in an encounter on 24.11.2021. It is alleged that under the influence of said slain Mehran Yaseen Shalla, the Appellant was digitally active on various social media platforms, on which radical content has been shared. It is stated that the Appellant created certain groups on social media like Ansar Gazwat-UI-Hind (AGH) and Shaikoo Naikoo etc. and created multiple Gmail IDs via which radical views were expressed, thereby motivating and radicalizing vulnerable youth to join terrorist groups like TRF and for this purpose, the Appellant used social media platforms like Facebook, WhatsApp, Telegram, Instagram and Twitter etc.

7. The Appellant was arrested on 30.12.2021 and was produced before the Ld. Special Judge, UAPA, Srinagar on 31.12.2021. Thereafter, the Appellant was granted transitory remand till 04.01.2022. On 04.01.2022, the Appellant was produced before the Ld. Trial Court, Patiala House Courts, Delhi and he was sent to police custody. Thereafter, chargesheet was filed by the investigating agency on 18.06.2022.

8. The Ld. Trial Court, in the Impugned Order dated 10.09.2024, extracted the details of the documents and material showing the involvement of the Appellant for the offences punishable under various provisions of the UAPA. The said details, which contains the document numbers, purpose of filing of these documents and the witnesses have been given in a tabulated manner, which reads as und

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