MOHD. AMIR JAVED Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) This appeal has been filed under Sec. 21(4) of the National Investigation Agency Act, 2008 (NIA Act) read with Sec. 43D (5) of the Unlawful Activities Prevention Act, 1967 (UAPA) seeking setting aside of the impugned order dtd. 18/5/2023 passed by the Ld. ASJ, Patiala House Courts, New Delhi in Sessions Case No. 61/2022 emanating from FIR No.243/2021, PS Special Cell, Delhi. By the impugned order, the appellant's application for grant of regular bail was dismissed. The appellant was arrested in the said FIR on 14/9/2021 and has been in custody for about 20 months as on the date of the filing of this appeal, and has not been released for any period in the interim.

(2.) The FIR was registered based on a reliable input received regarding a terror module planning a serial Improvised Explosive Device (IED) Blasts. As per the input, a group of entities were planning to undertake serial IED Blasts in India for which these multiple IEDs were arranged from unknown sources and apparently at an advance stage of preparation. It was suspected that an Okhla, Delhi based entity was an important part of this module having associates in various parts of the country including Uttar Pradesh and Maharashtra. This input was verified and corroborated through different sources and it emerged that a deep rooted conspiracy had been hatched by the terror module with its operatives in India to carry out the blasts. An in-depth investigation was lodged and the FIR was accordingly registered inter alia under Sec. 120B IPC.

(3.) As per the State, a multi-pronged operation was launched, several teams were stationed at Mumbai and Lucknow, Prayagraj, Rae Bareilly, Pratapgarh in U.P. simultaneously. On 14/9/2021, on the basis of intelligence gathered, simultaneous raids were carried out in different States. Initially, Jan Mohammed Sheikh @ Sameer Kalia was apprehended in the Golden Temple Train by a team from Kota, Rajasthan while on way to Delhi; thereafter, Osama @ Sami was apprehended from Okhla, Delhi; Mohammad Abu Bakar was apprehended from Sarai Kale Khan, Delhi; Zeeshan Qamar was apprehended from Prayagraj, U.P. and the appellant was apprehended from Lucknow, U.P. Consignment of two IEDs, two hand-grenades and two pistols alongwith rounds were recovered after the arrest of accused Zeeshan, at his instance. Another team apprehended Moolchandra @ Saaju @ Lala from Rae Bareilly, U.P. and later, accused Humaidur Rehman was arrested on 18/9/2021. On the disclosure of accused Humaidur Rehman, two pistols were recovered from a small trench in a village area of Prayagraj at his instance.