New Delhi, Sep 15 The Delhi High Court has granted bail to an alleged member of a pro-ISIS group 'Harkat-ul-Harb-E-Islam' in a case under the anti-terror law, citing his long period of incarceration of eight years.
A bench of Justices Navin Chawla and Ravinder Dudeja observed that the trial was "not likely to end any time soon" and the material before it did not warrant denial of bail to Mohammad Saqib alias Saqib Iftekar, who worked as an Imam in the Jama Masjid in Baksar, Uttar Pradesh.
Saqib challenged a trial court's 2024 order denying him bail in the 2018 FIR registered for offences under the Unlawful Activities (Prevention) Act (UAPA), the Explosive Substances Act and the Indian Penal Code (IPC).
"The appellant had been taken in custody on 26.12.2018 and has, therefore, remained in jail for almost 8 years. Presently, out of 120 witnesses cited by the prosecution, statements of only 40 witnesses have been recorded.
"The learned SPP has submitted that the respondent shall be dropping 39 witnesses. Even if that be so, the trial is not likely to end any time soon," the court said in the judgment passed on Monday.
"Having considered the statements of the witnesses and the allegations against the appellant, and being moved particularly by the long period of incarceration of the appellant, we are of the opinion that the appellant has been able to make out a case for being released on bail. Accordingly, we direct that the appellant be released on bail," it ordered.
The court directed Saqib not to participate in activities which may prejudice public order or the trial's integrity and upload or circulate "any anti-national material" on social media platforms or otherwise.
The NIA has alleged that Saqib was a member of the 'Harkat-ul Harb-E-Islam', which propagated the ISIS ideology and supported Jaish-E-Muhammad.
It was alleged that Saqib established contacts in Jammu and Kashmir to arrange for terrorists to commit terrorist acts within India and to wage war against the Government of India.
The agency also claimed that he was instrumental in the formation of the group led by Mufti Mohammad Suhail, as he contributed by arranging for weapons through his contacts in western UP.
Saqib's counsel argued that even according to the chargesheet, he was not part of the "core module of the terror plot" and was, at best, only a "peripheral participant".
It was contended that the witness statements do not implicate the present accused, who had spent almost eight years in custody, and the trial was unlikely to end soon.
The NIA's prosecutor opposed the bail plea, submitting that allegations against Saqib were serious and mere delay in conclusion of the trial cannot be a reason to give him relief.
The court imposed various conditions for bail and asked Saqib to execute a personal bond of Rs 50,000 with two sureties in the like amount.
It asked the accused to surrender his passport and not leave the country without prior permission of the trial court.
The court also clarified that he would not leave his native place, Hapur, except to travel to Delhi to attend his trial or to report at the NIA office as part of his bail conditions. It asked him to furnish his residential address, mobile number and other details to the NIA.
The court also asked him not to directly or indirectly contact or influence any prosecution witness, protected witness, complainant, person acquainted with the facts of the case or the co-accused or their family members, or make any public statement touching upon the merits of the case, the evidence, the witnesses or the pending trial.
