The Delhi High Court has dismissed an appeal filed by the National Investigation Agency (NIA) challenging the grant of bail to Mateen Ahmed Bhat, a Kashmiri youth accused of involvement in an alleged terrorist conspiracy in Jammu and Kashmir under the Unlawful Activities (Prevention) Act (UAPA).
A Division Bench of Justice Navin Chawla and Justice Arun Bhardwaj upheld the trial court’s May 3, 2023, bail order, finding that the lower court had properly examined whether the material on record established a prima facie case against the accused.
In its October 30 judgement, the High Court acknowledged the seriousness of the allegations but observed that they required examination during trial, which was unlikely to conclude in the near future.
The Bench consequently found no grounds to interfere with the bail order and dismissed the NIA’s appeal.
Subsequent Framing of Charges Does Not Affect Bail Assessment
The NIA had challenged the trial court’s decision on the ground that charges were subsequently framed against Bhat in 2024. According to the agency, this development demonstrated an inconsistency and error in the earlier order granting bail.
Rejecting the contention, the High Court held that the trial court had correctly assessed the available material to determine whether the accusations against Bhat were prima facie true.
The Bench clarified that the subsequent order framing charges was not relevant to deciding the agency’s appeal against the earlier bail order.
NIA’s Allegations of Links With Terrorist Organisations
According to the NIA, Bhat voluntarily joined a conspiracy to operate as an Over Ground Worker (OGW) for an active terrorist in the Kashmir Valley. The agency alleged that he participated in procuring arms and ammunition for banned terrorist organisations to create unrest in Jammu and Kashmir and elsewhere in India.
The investigation agency further claimed that following the abrogation of Articles 370 and 35 of the Constitution, proscribed terrorist organisations attempted to influence local youth to join separatist groups and work as OGWs.
The NIA alleged that its investigation revealed Bhat had met a Hizbul Mujahideen terrorist and was working for him, other active militants and Pakistan-based handlers associated with banned organisations, including Lashkar-e-Taiba (LeT) and Hizbul Mujahideen.
Arrest, Chargesheet and Bail Proceedings
Bhat was arrested on October 13, 2021. In April 2022, the NIA filed a chargesheet against him under Sections 120B (criminal conspiracy) and 121A (conspiracy relating to waging war against the Government of India) of the Indian Penal Code, along with provisions of the UAPA.
The trial court granted him bail on May 3, 2023. Charges were subsequently framed against him in 2024.
While maintaining that the allegations were grave, the High Court emphasised that their merits must be determined through trial. It upheld the trial court’s assessment and dismissed the NIA’s challenge to the bail order.
