After NIA Fails To File Chargesheet, Delhi Court Grants Default Bail To Kashmiri Youth In UAPA Case

A Delhi Court has granted default bail to a 25-year-old Kashmiri youth, after the National Investigation Agency (NIA) failed to file chargesheet within the statutory period against him in a case registered under Unlawful Activities Prevention Act, 1967.

The Principal District & Sessions Judge Dharmesh Sharma of Patiala House Courts granted bail to Fayaz Ahmad Khan who was arrested by the probe agency on May 14 after various raids were conducted in Jammu and Kashmir in 'The Resistance Front (TRF)' conspiracy case.

As the period of 180 days for filing chargesheet against Khan expired, his counsel Tamanna Pankaj moved an application seeking bail under Section 167 (2) of the CrPC. The NIA did not respond to the application.

"Without delving into the merits of the case, the applicant/accused Fayaz Ahmad Khan @ Tayas Khan @ Tayas is entitled to be released on bail in default of filing of the charge-sheet by the NIA in terms of Section 167(2) Cr.PC," the judge said in the order.

The court has ordered Khan to report, and provide his contact number, before the local police station in Kashmir's Kupwara district on every second Sunday at 10 am. He is also required to notify the local SHO in advance in case he decides to visit any place outside his native village in Kupwara district.

Khan and two others namely Muzamil Mushtaq Bhat and Mudasir Ahmad Dar were booked by NIA in November last year in the case registered under Sections 120B, 121 and 122 of Indian Penal Code, 1860 and Sections 13, 17, 18, 18B, 38 and 39 of UAPA.

The probe agency has alleged that the Lashkar-e-Taiba (LeT) Commander Sajjad Gul has been actively radicalising and recruiting Kashmiri youth for engaging in violent activities in Jammu and Kashmir and other parts of the country including the national capital. The TRP is stated to be the frontal organisation of LeT.

It has been alleged that Gul, along with other associates have been recruiting over ground workers to do "reconnaissance of pre-determined targets" and transporting weapons to support proscribed terrorist organisation LeT

According to the NIA, it was found during the probe that Bhat, Khan and Dar had received funds from TRF handlers in Pakistan for furthering terror activities in India by procuring weapons and chemicals. They are accused of  "fabricating" the IEDs with the chemicals.

On November 9, NIA filed a supplementary chargesheet against Bhat, adding that further investigation was underway. 

Advocates Tamanna Pankaj and Priya Vats appeared for Khan, with assistance of APCR India. Public Prosecutor Vishal Dwivedi appeared for NIA.