New Delhi: The Delhi High Court has upheld the bail granted to a Kashmiri youth in a case under the anti-terror law concerning an alleged conspiracy to spread terror in Jammu and Kashmir.
A bench of Justices Navin Chawla and Arun Bhardwaj dismissed the National Investigation Agency (NIA)’s appeal against the trial court’s May 3, 2023, order granting relief to Mateen Ahmed Bhat.
The bench stated that although the allegations against the respondent accused were “grave”, they have to be tested in trial, which was unlikely to conclude anytime soon.
“We find no merit in the present appeal. The same, accordingly, stands dismissed,” said the bench in the judgement passed on October 30.
The NIA alleged that Mateen Ahmed Bhat willingly entered into a conspiracy to work as an “Over Ground Worker” (OGW) for an “active terrorist in Kashmir Valley” and was involved in procuring arms and ammunition for banned terrorist outfits to create unrest in the valley and other parts of the country.
As per the agency, after the abrogation of Articles 370 and 35 of the Constitution, the local youth were “brainwashed” by the proscribed terrorist organisations into joining separatist groups and becoming OGW to create unrest.
“Investigation revealed that Bhat met a Hizbul Mujahideen terrorist and was working for him and other active militants and handlers based in Pakistan related to proscribed terrorist organisations, namely, LeT and Hizbul Mujahideen,” it was alleged.
Before the High Court, the NIA argued that the trial court had subsequently framed charges against the accused and its order on bail shows contradiction and error.
In the judgement, the court said the trial court rightly carried out an exercise to reach a conclusion on whether the material on record makes the accusations against the respondent prima facie true.
The subsequent order framing charges against the respondent, therefore, is not relevant for considering the appeal filed by the appellant, it stated.
Bhat was arrested on October 13, 2021.
The NIA had filed the chargesheet against Bhat in April 2022 under sections 120B (criminal conspiracy) & 121A (punishment for waging, or attempting to wage war, or abetting the waging of war against the Government of India) of IPC and offences under the Unlawful Activities (Prevention) Act. Charges were framed in 2024.
