SUHAIL AHMAD THOKAR Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) The present appeal under Sec. 21(4) of the National Investigating Agency Act, 2008 (hereinafter referred to as 'the NIA Act') read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') assails the order dtd. 7/1/2023 passed by the Additional Sessions Judge-03, Special Judge (NIA), Patiala House Courts, New Delhi, in the case arising out of RC-29/2021/NIA/DLI, registered by the NIA under Ss. 120B, 121A, 122, 123 of the Indian Penal Code, 1860 (hereinafter referred to as 'IPC') and under Ss. 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967, (hereinafter referred to as 'the UAPA Act'), whereby the bail application instituted on behalf of the appellant was dismissed.

(2.) Briefly, the facts as are necessary for the adjudication of the present appeal are encapsulated as under:-

(3.) Mr. Kartik Murukutla, learned counsel appearing on behalf of the appellant vehemently assails the impugned order whilst submitting that there exists a conspicuous absence of material evidence implicating the Appellant in any criminal conspiracy with the alleged terrorist organizations; and specifically that the record remains bereft of any indicia establishing a nexus between the Appellant and the co-accused persons indicted in the chargesheet. It is contended on behalf of the appellant that the evidence tendered by the prosecuting agency held minimal probative value and while considering the prima facie case against the appellant, the prima facie threshold could not have been met without a preliminary assessment of the evidentiary probative value. It is urged that, this evaluation becomes pivotal in considering the case against the appellant during the stage of grant of bail, as the substantive nature or weight of the probative value must align with the satisfaction of the Court.