Early Times Report
Jammu, May 16: The Special Judge NIA Cases, Jammu, Prem Sagar has rejected the bail application of Yaqub Khan, accused in RC No. 01/2021/NIA/JMU, a case linked to alleged activities of Lashker-e-Mustafa, stated to be an offshoot of the proscribed terrorist organisation Jaish-e-Mohammad.
The bail plea was moved by Advocate Shamima Jan on behalf of the accused, while K S Pathania, Special Public Prosecutor for NIA, along with Chandan Kumar Singh and Ashwani Verma, Public Prosecutors for NIA, opposed the application.
The accused is facing trial for offences under Sections 120-B, 121-A and 122 IPC, Sections 18, 19, 20, 21, 23, 38 and 39 of the Unlawful Activities (Prevention) Act, and Section 25(1AA) of the Arms Act.
According to the prosecution, the case originated from FIR No. 16/2021 registered at Police Station Gangyal, Jammu, relating to an alleged conspiracy by Lashker-e-Mustafa to carry out terrorist activities in Jammu and Kashmir, including Jammu area, with the intention of threatening the sovereignty, integrity and security of India. The investigation was later taken over by the National Investigation Agency and re-registered as RC-01/2021/NIA/JMU.
The NIA alleged that the accused, along with co-accused Danish Khan, had procured 50 live cartridges of .32 bore pistol from Bihar and was associated with other accused persons who were allegedly connected with the Lashker-e-Mustafa network.
The defence argued that the accused had been in custody since July 25, 2022, and that out of around 250 witnesses cited in the challan, only a limited number had been examined. It was submitted that the main material witness had not supported the prosecution case in a manner sufficient to connect the accused with any terrorist organisation. The defence further argued that the alleged pistol was defective and returned the same day, and that no recovery had been made from the accused.
Opposing the bail plea, the NIA relied upon the statutory embargo under Section 43-D(5) of the UAPA, contending that there was sufficient prima facie material against the accused and that release at this stage could lead to influencing of witnesses and obstruction of trial.
After considering the rival submissions, the Court observed that at the stage of bail, a detailed appreciation of evidence is not required. The Court held that it has only to see whether there are reasonable grounds for believing that the accusation is prima facie true.
Special Judge Prem Sagar observed that the material available on record indicated the involvement of the applicant in furtherance of conspiracy for unlawful activities, which was required to be corroborated from other relevant witnesses yet to be examined. The Court also noted that if the accused was released on bail, there was a likelihood of influencing key witnesses, which could hamper the process of justice.
The Court rejected the argument that delay in trial should automatically result in bail in such serious offences, observing that if such a yardstick is adopted, accused persons under special enactments may seek release merely on the basis of passage of time despite prima facie material.
Keeping in view the nature and gravity of the offences and the larger interest of the State/UT, the Special NIA Court held that the bail application was not fit to be allowed at this stage and accordingly rejected it. (JNF) |
