| NIA Court cracks down on terror conspiracy, denies bail to key accused | | | Early Times Report
Jammu, Jan 31: The court of Special Judge NIA Cases, Jammu has rejected the bail application of Jan Mohd Telli, resident of Soafshalli Kokernag in Anantnag and presently lodged in Agra, in RC No. 01/2021/NIA/JMU involving charges under Sections 120-B, 121-A, 122 IPC, Sections 18, 19, 20, 21, 23, 38 & 39 UA(P) Act and Section 25(1AA) Arms Act.
As recorded in the order, the case initially arose from FIR No. 16/2021 dated 06.02.2021 registered at Police Station Gangyal, after police claimed that during area search, a Santro car (UP80BN-2708) was spotted parked in front of Vishal Mega Mart on Kunjwani Bye Pass in Jammu. The order states that a person sitting inside allegedly tried to flee but was overpowered, while the lady accompanying him escaped from the spot.
The person was identified as Hidayat-Ulla Malik (accused No. 1), while the lady was Baseerat-ul-Ain (accused No. 2), who, the order notes, was granted bail on 23.03.2024. It further records that the investigation was later taken over by the National Investigation Agency and the case was re-registered as RC-01/2021/NIA/Jammu dated 02.03.2021.
The court order mentions that a charge-sheet No. 4/2021 dated 04.08.2021 was filed against six accused, including the applicant, and a supplementary charge-sheet No. 04-A/2021 dated 15.01.2022 was subsequently produced against five more accused persons.
Regarding the applicant’s role, the order notes that he was arrested on 10.02.2021 and faces allegations of being part of a criminal conspiracy to carry out terrorist activities in Jammu & Kashmir including the Jammu area, with intent to threaten sovereignty, integrity and security of India. The allegations, as reflected in the order, include that he is a close associate of the prime accused, allegedly procured weapons from Bihar through contacts, provided shelter/harbour to the prime accused and co-accused at his rented room at Gharuan in Mohali, and allegedly handled “proceeds of terrorism” through fund transfers routed via other persons/accounts.
The NIA opposed the bail plea, asserting that there is a specific statutory bar on bail under Section 43-D(5) of the UA(P) Act and that the provisions are stringent in view of the security and sovereignty of the nation.
The order further reproduces the investigation claim that more than ₹9 lakh was transferred into the applicant’s bank account (Kokernag branch) during December 2020 and January 2021 for procurement of weapons, and that funds were thereafter transferred in instalments into another account in Bihar through multiple accounts. It also records that during a search of the applicant’s suspected rented room at village Gharuan, near the highway (opposite Saraswati Group of Colleges), certain books/documents were seized, including a physics book allegedly cut in the shape of a pistol magazine for concealment purposes.
While declining bail, the court observed that the trial is already underway, noting that charge was framed on 25.07.2022 and a calendar has been fixed for two days to overcome delay. The court also recorded that material on record indicates the applicant’s alleged involvement in furtherance of conspiracy for unlawful activities which is yet to be corroborated through relevant witnesses, and that if released on bail there is every likelihood of influencing key witnesses and hampering the process of justice.
Accordingly, “keeping in view the nature and gravity of the offences” and the “larger interest of the State/UT”, the bail application was rejected.
The applicant was represented by Mr. I H Bhat, Advocate, while SPP Mr. K. S. Pathania and PP Mr. Chandan Kumar Singh appeared for the NIA. (JNF) |
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