With over seven and a half years in custody and only 42 of 112 prosecution witnesses examined, the Delhi High Court has granted bail to a man whom the NIA accuses of arranging weapons for an alleged ISIS-linked terror module, while stressing that its observations are not findings on the merits.
New Delhi: The Delhi High Court has granted bail to Naim @ Mohd. Naeem, accused by the National Investigation Agency (NIA) of helping an alleged ISIS-linked terror module procure weapons, observing that he has been in custody for over seven and a half years and that there is no possibility of the trial concluding in the near future [Naim @ Mohd. Naeem v. National Investigation Agency].
A Division Bench of Justice Navin Chawla and Justice Ravinder Dudeja allowed his appeal against the trial court’s order rejecting bail in a case registered by the NIA under the Unlawful Activities (Prevention) Act (UAPA), the Indian Penal Code and the Explosive Substances Act. The allegations are yet to be proved at trial.
The prosecution case
The NIA alleges that Naim was instrumental in arranging weapons and ammunition for a group allegedly involved in a conspiracy to carry out terrorist activities. According to the prosecution, he facilitated the procurement of weapons from arms dealers in Meerut and introduced the main accused, Mufti Mohd. Suhail, to them. It alleges that he facilitated two transactions, in July and August 2018, involving country-made pistols, a katta and ammunition, and that he knew the weapons would be used to target civilians and spread terror.
Submissions
Opposing bail, the NIA argued that Naim was an active member of the alleged conspiracy and could not claim innocence merely because his role differed from that of the other accused. It also relied on call detail records, which, it said, showed that he and the other accused had travelled together.
His counsel argued that he had been in custody for more than seven years and eight months, that the trial was unlikely to conclude soon, and that no incriminating material, apart from two mobile phones, had been recovered from him.
The Court’s reasoning
The Court noted that only 42 of 112 witnesses had been examined although Naim had been in custody since January 3, 2019. It said the statements of the three witnesses already examined did not persuade it to deny bail, and that their examination had also reduced, if not eliminated, the possibility of his influencing the trial. It agreed with the NIA that his alleged role in the conspiracy could not be viewed in isolation, but said the prosecution would still have to establish that he acted in furtherance of a common intention and with knowledge of the conspiracy’s common goal. It observed:
“There is no possibility of the trial concluding any time soon.”
Given the nature of the evidence and the delay in concluding the trial, the Bench held that he had made out a case for release on bail.
Conditions and clarification
The Bench directed Naim to furnish a personal bond of Rs 50,000 with two sureties of the same amount. It clarified that its observations are confined to the consideration of bail and are not findings on the merits of the case.
Case Title: Naim @ Mohd. Naeem v. National Investigation Agency
Bench: Justice Navin Chawla and Justice Ravinder Dudeja, Delhi High Court