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* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: 16.10.2026 Pronounced on: 30.10.2026 Uploaded on: 30.10.2026 # CNR No. DLHC010281482023 + CRL.A. 562/2023 NATIONAL INVESTIGATION AGENCY .....Appellant Through: Mr.Amit Tiwari, SPP with Ms.Ayushi Srivastava, Mr.Arpan Narwal, Mr.Ujjwal Tyagi and Mr.Kushagra Malik, Advs. versus MATEEN AHMED BHAT .....Respondent Through: Mr.Kartik Venu, Mr.Agrim Tandon, Mr.Arjan Ajai Singh Chonker, Ms.Alisha Sharda and Mr.R. Jude Rohit, Advs.

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE ARUN BHARDWAJ

J U D G M E N T

NAVIN CHAWLA, J.

1. This appeal has been filed by the appellant under Section 21(1) of the National Investigation Agency Act, 2008 (hereinafter referred to as ‘NIA Act’) challenging the order dated 03.05.2023 passed by the learned Additional Sessions Judge-03 (Special Judge) (NIA), Patiala House Courts, New Delhi (hereinafter referred to as ‘Trial Court’) in RC No.29/2021/NIA/DLI titled NIA v. Tariq Ahmed Dar & Ors., (hereinafter referred to as the ‘Impugned Order’) granting bail to the respondent in the said case registered 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 the ‘UA(P) Act’).

2. The respondent was arrested in the above case on 13.10.2021 and has been arrayed as accused no.10 in the charge-sheet dated

08.04.2022 filed by the appellant.

3. Before proceeding further with the consideration of the present appeal, the case of the prosecution can be divided into two parts; one being of a larger conspiracy of spreading terror in the Union Territory of Jammu and Kashmir, the other being of specific role of the various accused named in the charge-sheet.

4. As far as the larger conspiracy is concerned, the appellant sums up the same in the Memo of Appeal, as under:

“III. That after the abrogation of Articles 370 and 35 of the Indian Constitution the local youth got motivated and brainwashed by the proscribed terrorist organization influencing them to join separatist groups and become OGW in order to create unrest within the valley.

IV. That collectively these proscribed terrorist organizations formed United Jihad Council (hereinafter referred to as "UJC") which was a united alliance between the various proscribed terror outfits that came together and shared their assets with one another to create a universal network of assets which would together work in tandem to revive terror and unrest in the valley as a means to achieve their separatist and anti-national agenda. It is pertinent to mention here that the UJC was established on the directions of Inter-Services Intelligence (ISI), Pakistan, to make sure that the unified command and control is exercised in India by the proscribed terrorist organizations. UJC instructed the proscribed terrorist organizations to work synchronously so as to revive militancy steadfastly and strategize the usage of social media platforms and cyberspace amongst many other functions which were being instructed to carried out.

V. That during the course of the investigation it was revealed that a "co-ordination group" was constituted and with the strategy to attack and ignite fear within the minds of the people staying in the valley was re-organised by involving some hybrid cadres who basically were people with daily routinely jobs but disguised in the form of OGW and they were made to carry out small violent/terrorist activities.

VI. That most of these terrorist organizations and their off shoots started to appear on social media platforms, that is, on telegram, Whatsapp, Facebook and Twitter to name a few. And their visibility and traction only increased as the time went by.

VII. That if major social media platforms were not enough these active cadres started using smaller applications like Tam Tam, Nand Messenger in order to spread the propaganda