National Investigation Agency vs Mateen Ahmed Bhat
- Court
- Delhi High Court
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 16.10.2026
Pronounced on: 30.10.2026
Uploaded on: 30.10.2026
# CNR No. DLHC010281482023
+ CRL.A. 562/2023
NATIONAL INVESTIGATION AGENCY .....Appellant
Through: Mr.Amit Tiwari, SPP with
Ms.Ayushi Srivastava,
Mr.Arpan Narwal, Mr.Ujjwal
Tyagi and Mr.Kushagra Malik,
Advs.
versus
MATEEN AHMED BHAT .....Respondent
Through: Mr.Kartik Venu, Mr.Agrim
Tandon, Mr.Arjan Ajai Singh
Chonker, Ms.Alisha Sharda and
Mr.R. Jude Rohit, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
HON'BLE MR. JUSTICE ARUN BHARDWAJ
J U D G M E N T
NAVIN CHAWLA, J.
1. This appeal has been filed by the appellant under Section 21(1)
of the National Investigation Agency Act, 2008 (hereinafter referred
to as ‘NIA Act’) challenging the order dated 03.05.2023 passed by the
learned Additional Sessions Judge-03 (Special Judge) (NIA), Patiala
House Courts, New Delhi (hereinafter referred to as ‘Trial Court’) in
Signature Not Verified
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CRL.A. 562/2023 Page 1 of 19
RC No.29/2021/NIA/DLI titled NIA v. Tariq Ahmed Dar & Ors.,
(hereinafter referred to as the ‘Impugned Order’) granting bail to the
respondent in the said case registered under Sections 120B, 121A, 122
and 123 of the Indian Penal Code, 1860 (hereinafter referred to as
‘IPC’) and Sections 18, 18A, 18B, 20, 38 and 39 of the Unlawful
Activities (Prevention) Act, 1967 (hereinafter referred to as the
‘UA(P) Act’).
2. The respondent was arrested in the above case on 13.10.2021
and has been arrayed as accused no.10 in the charge-sheet dated
08.04.2022 filed by the appellant.
3. Before proceeding further with the consideration of the present
appeal, the case of the prosecution can be divided into two parts; one
being of a larger conspiracy of spreading terror in the Union Territory
of Jammu and Kashmir, the other being of specific role of the various
accused named in the charge-sheet.
4. As far as the larger conspiracy is concerned, the appellant sums
up the same in the Memo of Appeal, as under:
“ III. That after the abrogation of Articles 370
and 35 of the Indian Constitution the local
youth got motivated and brainwashed by the
proscribed terrorist organization influencing
them to join separatist groups and become
OGW in order to create unrest within the
valley.
IV. That collectively these proscribed terrorist
organizations formed United Jihad Council
(hereinafter referred to as " UJC ") which was
a united alliance between the various
proscribed terror outfits that came together
and shared their assets with one another to
create a universal network of assets which
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would together work in tandem to revive terror
and unrest in the valley as a means to achieve
their separatist and anti-national agenda. It is
pertinent to mention here that the UJC was
established on the directions of Inter-Services
Intelligence (ISI), Pakistan, to make sure that
the unified command and control is exercised
in India by the proscribed terrorist
organizations. UJC instructed the proscribed
terrorist organizations to work synchronously
so as to revive militancy steadfastly and
strategize the usage of social media platforms
and cyberspace amongst many other functions
which were being instructed to carried out.
V. That during the course of the investigation
it was revealed that a "co-ordination group"
was constituted and with the strategy to attack
and ignite fear within the minds of the people
staying in the valley was re-organised by
involving some hybrid cadres who basically
were people with daily routinely jobs but
disguised in the form of OGW and they were
made to carry out small violent/terrorist
activities.
VI. That most of these terrorist organizations
and their off shoots started to appear on social
media platforms, that is, on telegram,
Whatsapp, Facebook and Twitter to name a
few. And their visibility and traction only
increased as the time went by.
VII. That if major social media platforms were
not enough these active cadres started using
smaller applications like Tam Tam, Nand
Messenger in order to spread the propaganda.
The reason why these applications were used
to avoid detection by Law Enforcement
Agencies.
VIII. That through these social media
platforms other than posting hate messages
against the Government of India, photographs
were also uploaded applauding the attacks in
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the valley which led to propagating violence
via social media in every form, further videos
venerating the terrorist who were
apprehended by the military forces.
IX. That during investigation it was deduced
that firstly the main aim of these proscribed
terrorist organization was to float new outfits
with secular/indigenous names, and, secondly,
to attract new cadres to join these proscribed
terrorist organizations. The OGW were tasked
with the job of recruiting local youth and to
keep a watch on the military/police movement
so as to find a target for the attacks.
X. During investigation it was revealed that
the proscribed terrorist organization operating
in J&K would induct the youth by scouting
them through online social media platforms
and thereafter, the handlers in Pakistan would
give instructions and initiate them into
terrorist fold by secure messaging applications
and radicalise, indoctrinate these newly joined
cadres by giving them online training of how
to use weapons and explosives.
XI. That other than providing online training
these proscribed terrorist organizations relied
heavily on online platforms for networking so
that offline contact is bare minimum.
Moreover, weaponry movement, small scale
attacks, threats and providing information
regarding hide outs was mostly done via
online mode. During the time of investigation,
it was revealed that these cadres also receded
some vital installations at New Delhi of these
terrorist organization at the instructions of the
Pakistan based handlers.
XII. That the youth which was inducted by the
proscribed terrorist organization were
referred to as hybrid cadres or lone wolf
operators wherein they got associated with
online propaganda groups floated by Pakistan
based handlers. It is here that the
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accused/Respondent was acting as a lone wolf
operator along with other co-accused.
XIII. That in the present case it can be easily
concluded that all accused persons were
motivated towards the separatist ideology and
were in conspiracy with various accused and
terrorists in Pakistan, against the Government
of India via offline and online mode.”
5. On the specific role of the respondent in the larger conspiracy
as mentioned above, the charge-sheet alleges as under:
“15. RESULT OF LABORATORY
ANALYSIS:
xxxxx
15.7 During the course of investigation, some
incriminating voice were retrieved from the
forensic data of digital data seized from the
possession of accused A-10, the questioned
voice clips and sample voice clips of accused
A-10 were sent to CFSL CBI for voice
sampling vide letter no. RC-
29/2021/NIA/DLI/151 dated one brown colour
butt of double barrel gun bearing number
8443-81 along 22.03.2022. Forensic report is
still awaited.
xxxxx
17. FACTS DISCLOSED DURING
INVESTIGATION:
xxxx
Weapon Training, Recoonnaince and
Execution of attacks
xxxxx
17.18 Investigation has brought on record that
A-2 on directions of A-1, directly conspired
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CRL.A. 562/2023 Page 5 of 19
with arrested accused persons A-3, A-5, A-6,
A-8, A-17, A-20, A-22, A-23 and A-24 to assist
active cadres associated with proscribed
terrorist organizations and their newly formed
frontal organizations, whereas the other
arrested accused persons A-4, A-9, A-10, A-
11, A-12, A-13, A-14, A-15, A-16, A-18, A-20,
A-21, A-25, A-26 and A-27, acting as hybrid
cadres or lone wolf operators, got associated
with online propaganda groups floated by
various Pakistan based handlers of proscribed
terrorist organizations on directions of A-1, A-
2 and other commanders of the 'United Jihad
Council'. Due care was taken by A-1 and A-2
to ensure that all the other terrorists in this
conspiracy did not know much about each
other so that even if one of these was arrested,
security agencies could not identify and locate
other conspirators involved in the larger
conspiracy.
xxx
17.87 During the course of investigation, it
has been revealed that after the abrogation of
Article 370 and Article 35-A, the accused
Mateen Ahmed Bhat got motivated towards
separatist ideology and decided to help active
terrorists and other associates / Over Ground
Workers (OGWS) to fight for the so called
freedom of Kashmir, by one Muzaffar Ahmed
Bandey resident of village Madujan, district
Shopian.
17.88 Investigation further revealed that the
said Muzaffar Ahmed Bandey was a active
cadre of proscribed terrorist organization and
motivated Mateen Ahmad Bhat through the
groups run under the direction of A-1 on cyber
space by operatives of proscribed terrorist
organizations based at Pakistan. Muzaffar
Ahmed Bandey also helped accused Mateen
Ahmed Bhat to establish contact with a Hizbul
Mujahideen terrorist of Kulgam area, code
name @ Sabjar a native of Kulgam through a
telegram ID created on his mobile phone in
the name of 'Bhatmateen'.
Signature Not Verified
Digitally Signed
By:REYMON VASHIST
Signing Date:30.10.2026
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CRL.A. 562/2023 Page 6 of 19
17.89 Investigation has also revealed after
meeting with HM terrorist Sabjar, accused
Mateen Ahmed Bhat started working as an
Over Ground Worker (OGW) for him and
other active militants and handlers based in
Pakistan related to proscribed terrorist
organizations namely, Lashkar-e-Toiba (LeT)
and Hizbul Mujahideen (HM). The accused
was involved in providing logistics support,
assisted movement of weapons, recruitment of
local youths to terror ranks and he was
involved in assisting to the active cadres /
terrorist in Kashmir Valley.
17.90 Investigation has further brought up on
record that accused Mateen Ahmed Bhat was
in contact with active terrorists and was
working on their directions facilitating
logistics support and movement of arms &
ammunitions. A number of incriminating audio
clips retrieved from the mobile phone of the
arrested accused Mateen Ahmed Bhat have
been sent to CFSL CBI, New Delhi for
matching of voice. The transcripts of the
incriminating voice notes found / retrieved are
as under: -
S.No. Audio title Transcript in
Kashmiri
Transcript in Hindi
1. Audio
1_51389951
2204571486
5
Salamualiakum bai
uncle ji, ma gai
mushti mushti, chew
anti mai nadas peth
tulaw yeman ladaka
akh yemu lashkar
walaen, ye yath kia
wanun Jeish, buztha,
su chu osmat addha
(18) rattan band na
wan chuk su yal
trumut buztha. Te
wan che temas bei
chandan, magar tem
bechur kur arrange
panal pistol
Salamualiakum bai
uncle ji, ma bhool
gya hu, aap mujhe
bolo naad ma aik
ladka ko uthaya tha
lashkar walo ne ya
jaish ne, wo
bechara 18 mahino
se band tha ab usko
raha kiya haab
usko phir doond
rha hain, us
bechare ne aik
pistol bi arrange
kia hai. Usne bola
ma ne jaish se lia
Signature Not Verified
Digitally Signed
By:REYMON VASHIST
Signing Date:30.10.2026
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CRL.A. 562/2023 Page 7 of 19
buztha.tem dhup
yemis mei huth tamas
chu gun ti magar su
chu na zima hewaan,
tum wan pata agar
tim rob wob ti
karwas su tamas chu
gun wan ti tam
unmat kyah dhamal
chi kia wanun magar
lashkar wol.
hai, uske pass gun
wan be hai. Lekan
wo zima ni le rha
hai. Agr usko draye
dhamkaye ga to wo
bhol de ga k gun
kahan se laya hai
aur saman dhamal
ma hai.
2. Audio
1_51389951
2204571486
8
Yem bechur unmat
pistol ti 15 gol, wol
tem dhop temas
ladkas chu gun wan
ti chu chuwa zima
hawan kehnti dhop tu
na yali thapaed dha
(10) who (20) walin
yem su haw adh
zima. Su chu dhamal
saman ttaw ad kahar
saman naw unmat.
Us bechare ne
pistol be laya 15
goli wala. Usne
bola us ladka k
pass gun wan b hai
lekan wo zima ni le
rha hai, agr uskr
thapad 10 20 mara
ga to wo zima le ga
aur bta de
ga,dhmala ma both
sara neya saman
aaya hai.
3. Audio
1_51431587
9648644336
9
Walikumaslam
wa
rahmatullah, zahar
man amis police
chandan, am chi 18
ratan ditmit jail
na.wan uos amut
ghar baiwan chu os
karmut phone
buztha. Emis chus
thanas parcha am
hasa lagow dhamal
grenade. Wan nin
mien baya, pat trwan
na mai yale kyah. Bei
chus yashan active
gachun, yaliyo
gayo.dapan bei dhim
pati poinse pata mai
gasan yale yut.
Walikumaslam wa
rahmatullah usko
phir se police
doond rhi hai. Wo
18 mahine jail mai
rha hai ab wo ghar
aaya hai aur usko
phone kia ha. Usko
police ne parcha
lagana hai, usne
dhamal ma grenede
phenka hai. Aur ab
phir se police utha
k le jaye gi aur ab
mujhe chode ge
nhi. Wo bol rha tha
ma active hona
chahta hu aur kia
kro. Aur keh rha
tha k mai paise b
doon ga magr
mujhe utha le apne
sath.
4. Audio
1_51431587
Dhupan yi chu Bayis
Ladkus, Bayis Timav
Bhola ye Dosray
ladkay kay pass
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CRL.A. 562/2023 Page 8 of 19
9648644337
0
chi
Dhamhal
Unmut
Buztha, Dhapan
tamis nish chu warya
Saman, Su chun zima
Havan, Mai Dhupus
che Dhe Tamis Laich
Patosus Tam Homut.
hain jjis nai
Dhamhal se laya
hain. Bhola us kay
pass bhohat saman
hai Magar woh
Zimay nahi lay
raha hai. Main nay
bola aap us ko
lalch day dho aur
tab us nay dhikhaya
5. Audio
1_51431587
9648644337
2
Naw che naw mani
su cha. Su dhapan tat
chi Warya Mal
Dump. Agar Nafar
Asi Na Su chunakh
10-20 Thapad Tamis
hen Zima.
Nahi aap ko nahi
manay gay woh
woh bol raha tha
na wahan bhohat
saman dump hain,
Agar koi aadmi 10-
20 thapad mar day
ga to woh Zima
lega.
6. Audio
1_51431587
9648644337
7
Su hai tamis Buztha
su hai tamis Buztha
Magar Masala chu
na su chu Dhapan
Mai Tuliv Dhapan
Mai Chu Polie
chandan Man chi bhi
phas bai bhi na chus
yaschankahin Tri chu
Masia huth manz
katya dhiyee
yethpath
Wo Lay ga us se lay
ga suna magar
masla ye hain wo
bola raha hai
mujhay police
dhoondh rahi hai
Main phir se
phansana nahi
chata hooh.Masla
yun hain ki woh
aisay nahi day ga
Jaisay Aap bhol
rahay ho.
”
xxxx
17.107 Role and activities of/offences
established against Mateen Ahmed Bhat (A-
10)
Accused Mateen Ahmed Bhat (A-10) willingly
entered and working as an Over Ground
Worker for the active terrorist in Kashmir
Valley. The accused Mateen Ahmed Bhat (A-
10) was also involved in procurement of arms
& ammunitions for the active members of
banned terrorist outfits to create unrest and
terrorist act in the valley and other parts of the
Country. Therefore, as per the averments
made hereinabove/ in the pre- paragraphs, it
Signature Not Verified
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CRL.A. 562/2023 Page 9 of 19
is established that the accused Mateen Ahmed
Bhat (A-10) and others and in pursuance of
the larger conspiracy indulged himself and
become the part of larger conspiracy hatched
by the banned terrorist organisations/terrorist
gangs.
xxxx
18. CHARGE:
xxxx
18.1 In the instant case, there is sufficient
evidence in the form of oral and documentary
evidence including digital evidence that
establishes beyond any reasonable doubt that
the accused persons had entered into criminal
conspiracy with the co accused persons and
known &unknown persons and also raised
funds by illegal means to extend support to the
banned organization LeT, HM and others. The
conspiracy got unearthed by way of the arrest
of accused persons in the instant case and
discovery of the various fact & material. The
evidence on record led to the arrest of accused
A-1 to A-27 (except A-7) and A-20
(Chargesheet is being filed in JJB Board,
Kingsway Camp New Delhi) being part of the
conspiracy and extending support to the
banned terrorist organisation by way of
spreading propaganda, assisting active cadres
of proscribed terror outfit in J&K and other
parts of India especially in New Delhi.
18.2 Hence, the accused persons are liable
for prosecution under the following sections of
Law:-
S.No. Accused Name Sections of
Law
xxxx xxxxx xxxxx
9. Mateen Ahmed
Bhat (A-10)
S/o Manzoor
Under
Sections
120B & 121A
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Ahmed Bhat
R/o Village
Pudsoo, District
Shopian, J&K
of IPC and
Sections 18,
20, 38 &39 of
UA(P) Act
6. The learned Trial Court, in its impugned order, has considered
the above allegations of the appellant against the respondent, taken
note of the restrictions placed in Section 43-D (5) of the UA(P) Act
on grant of bail, and found that the prime case of the appellant against
the respondent is based on the alleged Disclosure Statement (D-42) of
the respondent as also the alleged incriminating material, especially
the mobile phones recovered from his house during the search and
seizure conducted on 12.10.2021 as mentioned in the memo of search
and seizure (D-20). The learned Trial Court observed that as far as the
Disclosure Statement (D-42) of the respondent is concerned, the same
may be an inadmissible document in the absence of any consequent
discovery of any article and even otherwise a perusal of the same
would show that there is nothing incriminating stated by the
respondent in the same. The learned Trial Court further held that as far
as the allegation of the respondent participating in meetings of
terrorist organisation and being an Over Ground Worker (OGW)
helping such organisation is concerned, there appears to be no
evidence to support the same. The learned Trial Court further
observed that there is also no evidence of handling of arms and
ammunition by the respondent or joining any classes for radical
teaching on the line of religion. The learned Trial Court observed that
while the allegations against the respondent revolve around one
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Muzaffar Ahmad Bandey and that the respondent was radicalized by
him, but interestingly, Muzaffar Ahmad Bandey is neither an accused
nor a witness in the case. On the alleged calls exchanged between the
respondent and the said Muzaffar Ahmad Bandey, the learned Trial
Court observed that, at most, it would show that the respondent was
referring about a boy who had knowledge about huge arms, etc.,
however, would not by itself show the respondent to be a part of
conspiracy as alleged by the prosecution. The evidence may also show
that the respondent had some empathy for the boy or knowledge about
the arms, however, in absence of any ‘overt act’, the respondent was
entitled to bail.
7. The appellant challenges the above order by contending that the
learned Trial Court has erred in dissecting each item of material
against the respondent and considering the same in isolation and
conducting a mini-trial.
SUBMISSIONS OF THE LEARNED SPP FOR THE
APPELLANT:
8. Mr. Amit Tiwari, the learned SPP submits that the learned Trial
Court has clearly erred in exercise of its jurisdiction under Section
43D(5) of the UA(P) Act. He submits that the learned Trial Court
erred in disregarding the Disclosure Statement (D-42) of the
respondent as being inadmissible and as disclosing nothing
incriminating against the respondent. He submits that the said
statement disclosed the radicalisation of the respondent, his contact
through the Telegram ID ‘Bhatmateen’, created on his own mobile
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phone, with Hizbul Mujahideen commander ‘Sabjar’, and his
functioning as an Over Ground Worker in providing logistic support,
assisting the movement of weapons and recruiting local youth.
9. He submits that the learned Trial Court could not have
considered the admissibility or evidentiary value of the Disclosure
Statement (D-42) at the stage of considering an application filed by
the respondent seeking bail.
10. He submits that the learned Trial Court has also erred in
observing that no ‘overt act’ has been alleged to have been committed
by the respondent. He submits that the forensic scrutiny of the device
recovered from the respondent discloses call logs with the Hizbul
Mujahideen and Over Ground Worker- Muzaffar Ahmad Bandey. He
submits that PW-311 has deposed that the respondent gave his
personal phone to Muzaffar Ahmad Bandey to contact entities across
the border in Pakistan and, on instructions of Muzaffar Ahmad
Bandey, kept watch on the movement of the army and police. The
protected witness PW-X-21 states that the respondent was to make
active a person known to be in possession of weapons and wanted by
police. There is also CFSL Report confirming the incriminating voice
notes recovered from the device of the respondent. He submits that, in
fact, on the same material, the learned Trial Court has proceeded to
now frame charges against the respondent vide order dated 30.07.2024
read with order dated 20.08.2024. There is, therefore, clearly a
contradiction and error committed by the learned Trial Court in the
impugned order.
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SUBMISSIONS OF THE LEARNED COUNSEL FOR THE
RESPONDENT :
11. On the other hand, Mr. Kartik Venu, the learned counsel for the
respondent, submits that there is no error committed by the learned
Trial Court in passing the impugned order. He submits that the
jurisdiction of this Court to consider the present appeal is limited to
examining whether the learned Trial Court has committed any grave
error in releasing the respondent on bail. He submits that no such case
is made out by the appellant in the present appeal.
12. On the order on charge as well as the consequent order framing
charges, he submits that the said order(s) have been challenged by the
respondent by way of a petition being CRL.M.C. 323/2026 titled
Mateen Ahmad Bhat v. National Investigation Agency and, in the
order dated 17.01.2026 passed in the said petition, the learned Single
Judge of this Court has observed that the respondent was able to prima
facie establish that the allegations taken by the learned Trial Court
against the appellant, in fact, never made reference to the respondent
herein. He submits that, therefore, merely because charges have now
been framed against the respondent, is no ground to allow the present
appeal.
ANALYSIS AND FINDINGS:
13. We have considered the submissions made by the learned
counsels for the parties.
14. At the outset, we would note the limited scope of jurisdiction
that we exercise while considering an appeal filed by the prosecution
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challenging an order granting bail to the accused. It has been time and
again emphasised by the Supreme Court that setting aside an order
granting bail and cancellation of bail are two distinct concepts. While
the former contemplates the correctness of the order itself, the latter
pertains to the conduct of the accused subsequent to the order granting
bail. The order granting bail can be tested on its illegality, perversity,
arbitrariness, and for it to be based on unjustified material, while the
order cancelling bail takes into account the circumstances subsequent
to the grant of bail making it necessary to cancel the bail so granted.
We quote from the judgement of the Supreme Court in Y v. State of
Rajasthan, (2022) 9 SCC 269, as under:
“15. It is worth noting that what is being
considered in this case relates to whether the
High Court has exercised the discretionary
power under Section 439 CrPC in granting
bail appropriately. Such an assessment is
different from deciding whether circumstances
subsequent to the grant of bail have made it
necessary to cancel the same. The first
situation requires the Court to analyse
whether the order granting bail was illegal,
perverse, unjustified or arbitrary. On the other
hand, an application for cancellation of bail
looks at whether supervening circumstances
have occurred warranting cancellation.
16. In Neeru Yadav v. State of U.P. [Neeru
Yadav v. State of U.P., (2014) 16 SCC 508 :
(2015) 3 SCC (Cri) 527] this Court held as
follows : (SCC p. 513, para 12)
“12. We have referred to certain
principles to be kept in mind while
granting bail, as has been laid down by
this Court from time to time. It is well
settled in law that cancellation of bail
after it is granted because the accused
has misconducted himself or of some
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CRL.A. 562/2023 Page 15 of 19
supervening circumstances warranting
such cancellation have occurred is in a
different compartment altogether than
an order granting bail which is
unjustified, illegal and perverse. If in a
case, the relevant factors which should
have been taken into consideration while
dealing with the application for bail
have not been taken note of, or bail is
founded on irrelevant considerations,
indisputably the superior court can set
aside the order of such a grant of bail.
Such a case belongs to a different
category and is in a separate realm.
While dealing with a case of second
nature, the court does not dwell upon the
violation of conditions by the accused or
the supervening circumstances that have
happened subsequently. It, on the
contrary, delves into the justifiability
and the soundness of the order passed by
the court.”
17. In the present case, it is necessary to
determine whether the High Court while
granting bail to Respondent 2-accused has
properly exercised its discretion under Section
439 CrPC by following various parameters
laid down by this Court. A bare perusal of the
impugned order [Omprakash v. State of
Rajasthan, 2021 SCC OnLine Raj 3499]
passed by the High Court does not suggest that
the Court has considered any of the relevant
factors for grant of bail.”
15. In Ashok Dhankad v. State NCT of Delhi , 2025 SCC OnLine
SC 1690, the Supreme Court summarised the principles that are
applicable to an appeal granting bail, vis-a-vis , the one seeking
cancellation of bail as under:
“19. The principles which emerge as a result
of the above discussion are as follows:
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(i) An appeal against grant of bail cannot be
considered to be on the same footing as an
application for cancellation of bail;
(ii) The Court concerned must not venture into
a threadbare analysis of the evidence adduced
by prosecution. The merits of such evidence
must not be adjudicated at the stage of bail;
(iii) An order granting bail must reflect
application of mind and assessment of the
relevant factors for grant of bail that have
been elucidated by this Court.
[See: Y v. State of Rajasthan (Supra);
Jaibunisha v. Meherban & Ors and Bhagwan
Singh v. Dilip Kumar @ Deepu]
(iv) An appeal against grant of bail may be
entertained by a superior Court on grounds
such as perversity; illegality; inconsistency
with law; relevant factors not been taken into
consideration including gravity of the offence
and impact of the crime;
(v) However, the Court may not take the
conduct of an accused subsequent to the grant
bail into consideration while considering an
appeal against the grant of such bail. Such
grounds must be taken in an application for
cancellation of bail; and
(vi) An appeal against grant of bail must not
be allowed to be used as a retaliatory
measure. Such an appeal must be confined
only to the grounds discussed above.”
16. Recently, in Sarju Prasad v. State of U.P. & Anr , 2026 SCC
Online SC 334, the above principles have been reiterated by the
Supreme Court.
17. Applying the above principles to the facts of the present case,
we find that the learned Trial Court has remained alive to the
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considerations as prescribed in Section 43D(5) of the UA(P) Act while
considering the application of the respondent for being released on
bail. The learned Trial Court rightly carried out an exercise to reach a
conclusion if the material on record makes the accusations against the
respondent prima facie true. The order of the learned Trial Court was
neither final conclusion on the evidence nor intended to discharge the
respondent. The subsequent order framing charge against the
respondent, therefore, is not relevant for the consideration of the
appeal filed by the appellant herein, however, at the same time, we
would note the observation made by a learned Single Judge of this
Court in a challenge against that order, which we reproduce
hereinunder:
“ 4. In particular, Mr. Venu submits that the
testimony of Tariq Hajam, which has been
referred to in the aforesaid paragraphs, does
not concern the present petitioner but relates
to a co-accused. In this regard, attention is
drawn to paragraphs 54 and 54.1 of the
impugned judgment, wherein the statement of
the very same witness, Tariq Hajam, has been
relied upon specifically against A-3, namely
Bilal Ahmed Mir. Mr. Venu further submits
that the reliance placed on the testimony of
Tariq Hajam while considering the case of the
present petitioner is, therefore, misplaced. In
support of this submission, Mr. Venu has
handed over in Court the statement of Tariq
Ahmad (PW-256/1), and the same is taken on
record. Upon a prima facie perusal of the
same, it does not appear to make any
reference to the present petitioner.”
18. Though the allegations against the respondent are grave, the
same have to be tested in Trial, which is not likely to conclude
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anytime soon, given the number of witnesses cited by the prosecution
and remaining to be examined.
19. Keeping in view the parameters and principles to be applied
while exercising our jurisdiction in an appeal against the order
granting bail, we find no merit in the present appeal. The same,
accordingly, stands dismissed.
20. We make it clear that any observation on merits of the case of
the prosecution made by the learned Trial Court in its impugned order
or by us in the present judgment, should in no manner influence the
learned Trial Court in deciding the case of the prosecution against the
respondent in Trial.
21. There shall be no order as to costs.
NAVIN CHAWLA, J.
ARUN BHARDWAJ, J.
OCTOBER 30, 2026/ ns/pb
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