NEW DELHI: The Delhi high court dismissed the National Investigation Agency’s (NIA) appeal challenging the bail granted to Mateen Ahmed Bhat in a case involving an alleged larger terror conspiracy to spread terror and unrest in Jammu and Kashmir.A division bench of justice Navin Chawla and justice Arun Bhardwaj held that the trial court had duly considered the restrictions on granting bail under the Unlawful Activities (Prevention) Act (UAPA) and assessed whether the allegations against Bhat were prima facie true.The HC observed that the trial court’s bail order did not amount to a final assessment of the evidence or an order discharging the accused.It also held that the subsequent framing of charges against Bhat was not relevant to the NIA’s appeal against the bail order.The case concerns an alleged larger conspiracy involving activities of proscribed terrorist organisations and the purported use of online platforms and local operatives to spread terror and unrest in Jammu and Kashmir.The NIA had alleged that several accused operated as hybrid cadres or lone wolf operators and were linked to online propaganda groups allegedly run by Pakistan-based handlers.According to the agency, Bhat was part of the alleged larger conspiracy and had purportedly worked as an Over Ground Worker, providing logistical support, facilitating the movement of weapons and helping recruit local youth into terror ranks.Bhat was arrested on October 13, 2021. The NIA subsequently filed a charge sheet against him and other accused under various provisions of the Indian Penal Code and the UAPA.While granting him bail in May 2023, the trial court had held that there was insufficient material at that stage to substantiate certain allegations against him.It had noted that there was no evidence to support claims that he had attended meetings of terrorist organisations, handled arms and ammunition or undergone radicalisation classes.The court had also pointed to the absence of any overt act connecting him to the alleged conspiracy.The NIA challenged the bail order, arguing that the trial court had incorrectly assessed the evidence and conducted a mini-trial by considering individual pieces of material in isolation.Special public prosecutor Amit Tiwari cited digital evidence, call records, witness statements and forensic material to argue that sufficient evidence existed against Bhat.Bhat, represented by advocate Kartik Venu, opposed the appeal, contending that the NIA had failed to establish any grave error in the order granting him bail.The high court noted that the scope of an appeal against a bail order is limited. It said interference is warranted only when the order is found to be illegal, perverse, arbitrary or based on irrelevant considerations.Applying these principles, the Bench found no merit in the NIA’s appeal. It also observed that although the allegations against Bhat were grave, they would have to be examined during the trial.The trial was unlikely to conclude anytime soon, given the number of witnesses yet to be examined.The appeal was accordingly dismissed. The high court clarified that neither its observations nor those made by the trial court would influence the proceedings in the case.(With inputs from ANI)
