 Early Times Report
Jammu, Jan 21: In a significant order in a high-profile UAPA terror-conspiracy case, the Court of Special Judge, NIA Cases, Jammu, Prem Sagar, has dismissed the bail application of Irfan Ahmed Dar (A-11), holding that the material on record reflects his alleged role in furtherance of a larger unlawful conspiracy and that his release could influence key witnesses yet to be examined. Dar, son of Mohd Yaqoob Dar, a resident of Batengoo, Anantnag, presently lodged in District Jail, Rohtak, had sought bail in RC No. 01/2021/NIA/JMU, a case involving serious charges under Sections 120-B, 121-A & 122 IPC; Sections 18 & 23 UAPA; Sections 3 & 4 Explosive Substances Act; and Section 25 Arms Act.
The order traces the case back to FIR No. 16/2021 dated 06.02.2021, registered at Police Station Gangyal, Jammu, wherein police claimed that during a search near Vishal Mega Mart, Kunjwani Bye Pass, they noticed a Santro car (UP80BN-2708) parked on the roadside with a man and a woman inside. The police version recorded in the order states the man attempted to resist and flee but was apprehended, while the woman escaped; the man disclosed his identity as Hidayat-Ullah Malik (A-1) and the woman as Baseerat-Ul-Ain (A-2).
The investigation was subsequently taken over by the NIA, which re-registered the matter as RC-01/2021/NIA/JMU on 02.03.2021, filed a final charge-sheet (No. 4/2021 dated 04.08.2021) and later a supplementary charge-sheet in which Irfan Ahmed Dar was arraigned as A-11, the court noted.
As reflected in the allegations discussed in the order, the applicant is accused of providing logistical assistance, including allegedly driving A-1 to Chandigarh on 08.11.2020 to stay in a rented room of another accused, and later allegedly providing his car near Banihal after A-1 met with an accident on 06.12.2020. The order also records an allegation regarding facilitation of movement of firearms/ammunition—stating that A-1 sent pistols, magazines and cartridges through Irfan Ahmed Dar to another accused.
The defence argued that there was no recovery from the applicant, contending that the prosecution case against him was weak, and also raised the issue of delay/speedy trial and parity, citing that co-accused Baseerat-Ul-Ain was granted bail by the High Court in February 2024.
The NIA opposed the bail plea, stressing the rigour of Section 43-D(5) UAPA and warning that release could lead to tampering with evidence and influencing witnesses, as recorded in the order.
While dealing with the legal position, the court reiterated that bail must be decided judiciously, particularly where allegations relate to grave offences, and recorded that at the bail stage in UAPA matters, the court is required to see whether there are reasonable grounds to believe the accusations are prima facie true, without converting the exercise into a mini-trial.
On the argument of delay, the court noted that the trial is underway, charges were framed on 04.05.2021, and evidence is being recorded on dates fixed, with the matter being scheduled for two days, recording that delay by itself is not a sufficient ground to enlarge the applicant on bail in such serious cases.
Most importantly, the court observed that the applicant’s alleged role in the conspiracy still requires corroboration through other relevant witnesses yet to be examined, and concluded that if released, there is every likelihood of influencing those key witnesses, which could hamper the administration of justice.
Accordingly, the court rejected the bail application at this stage and directed that a copy of the order be provided to the applicant free of cost through legal aid counsel. (JNF) |
