New Delhi, September 11 (Daily Kiran) : The Supreme Court has granted a 10-day interim bail to an individual who has been in custody for nearly six years in a case investigated by the National Investigation Agency (NIA). This decision comes in light of the accused’s family circumstances, including a hearing-impaired minor child, a mother in poor health, and a brother awaiting eye surgery.
A bench comprising Justices M.M. Sundresh and Augustine George Masih approved the bail application, allowing the accused to be released from September 11 to September 21, subject to conditions set by the trial court.
In its ruling, the Supreme Court highlighted the challenges faced by the accused’s minor child, who has been struggling with hearing issues and has undergone bilateral cochlear implantation surgery. The bench also noted the impending eye surgery for the accused’s brother. The court recognized the importance of the accused’s desire to be with his family during these difficult times.
The Supreme Court acknowledged that the accused has been incarcerated for five years and eleven months. Given the facts of the case and the circumstances presented, the court was inclined to grant interim bail for ten days.
The court directed that the accused must surrender before the relevant jail authorities by 5 PM on September 21. Additionally, it clarified that the NIA is permitted to provide police escort for the accused at its own expense.
Additional Solicitor General Anil Kaushik opposed the interim bail petition, arguing that the child’s disability has been long-standing, that the mother does not require urgent medical treatment, and that the brother does not reside in the same household. Nevertheless, the Supreme Court considered the arguments and the circumstances, ultimately granting the temporary relief.
The accused is facing charges related to activities linked to the banned terrorist organization Islamic State Khorasan Province in an NIA case. The investigation into ISIS-related activities in Bengaluru led the NIA to register the case in September 2020 under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act.
The accused was arrested on October 7, 2020, after authorities seized incriminating digital and physical materials, including a diary, during a search of his residence. Following this, the NIA filed a charge sheet against him and several other defendants.
On January 29, the Karnataka High Court dismissed the accused’s bail plea, rejecting arguments regarding trial delays, lack of written reasons for his arrest, and health concerns. The High Court noted that out of 60 witnesses, 19 had already been examined and instructed the special court to expedite the trial. Subsequently, the accused approached the Supreme Court, which issued a notice on his special leave petition on March 20.
During a hearing on July 31, the Supreme Court learned that 28 out of 62 witnesses had been examined. The court then instructed the special court to expedite the trial and aim to complete it within three months from that date. The next hearing is scheduled for November 18.
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