Suhail Ahmad Thokar v. National Investigation Agency
2026-05-22
Joymalya Bagchi, Surya Kant, Vipul M Pancholi
body2026
DailyLaw.ai
ORDER 1. Leave granted. 2. The appellant seeks his enlargement on regular bail in case FIR Crime No.RC-29/2021 registered at Police Station National Investigation Agency, Delhi under Sections 120B, 121A, 122 and 123 of the Indian Penal Code, 1860 and Sections 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967. The case pertains to incubation of a larger conspiracy in the Kashmir Valley, where it is alleged that physical and digital domains had been orchestrated by proscribed groups, whose description has been disclosed in the FIR and who are involved in radicalising local youth. This is said to be done with an intention to recruit and train them in handling arms, ammunition, and explosives. The allegation against the appellant was that he was involved in providing refuge to the members of such proscribed organisations. 3. The appellant was arrested on 20.10.2021 and has been in custody since then. The bail having been denied by the trial court as well as by the High Court, vide impugned order dated 22.09.2023, the appellant has approached this Court. 4. Various orders have been passed from time to time with a view to ensure that the vital and protected witnesses, who were to depose against the appellant, are able to record their statements without any fear and/or undue influence. It is fairly stated by the learned Additional Solicitor General of India that such witnesses qua the appellant have since been examined. There are, however, still some vital and protected witnesses to be examined, but their depositions revolve around the role attributed to the appellant’s co-accused. 5. Some of the appellant’s co-accused have since been enlarged on bail. The conclusion of trial may also take some reasonable time. Taking into consideration the period already spent by the appellant in custody and the fact that the conclusion of trial might take some more time, as also keeping in view the parity claimed by the appellant, however, without expressing any opinion on the nature of gravity of the offence, the instant appeal is allowed and the appellant is directed to be released on bail subject to his furnishing bail bonds to the satisfaction of the NIA Court, Delhi.
The NIA Court, in addition to the other conditions that it may deem appropriate, will also ensure weekly presence of the appellant before the jurisdictional police station for the purpose of ensuring his physical presence so that no impediment in the ongoing trial is caused. The appellant and his counsel shall also fully cooperate with the ongoing trial, failure of which shall be construed to be misuse of the concession of bail. The appellant shall be at liberty to request the trial court for appearance through virtual hearing, and such a prayer shall be considered as per law. 6. Pending application(s), if any, shall stand closed.