New Delhi [India], September 3 (ANI): Considering the long incarceration of 5 years during trial, the Delhi High Court on Thursday granted bail to 2 accused in a terror case lodged by the National Investigation Agency (NIA) in 2021. They are co-accused in a case against Tariq Ahmad Dar.
A division bench of Justices Navin Chawla and Ravinder Dudeja granted bail to Sobiya Aziz and Kamran Ashraf Reshi.
While granting bail to Kamran Ashraf Reshi, the High Court said, "The appellant has already suffered a long period of custody of almost 5 years pending trial. There is no chance of the trial ending soon."
The Judges said, "We have also minutely perused the allegations against the appellant Kamran Ashraf Reshi, as also the material relied upon by the NIA against him."
"While we refrain from giving a detailed account of the same, as we fear that it may prejudice the trial, we are of the opinion that given the long period of incarceration of the appellant against the material alleged against him by the NIA, the appellant has been able to make out a case for being released on bail," the High Court held in the judgement.
The division bench directed that the appellants Sobiya Aziz and Kamran Ashraf Reshi will be released on bail on a personal bond each in the sum of Rs 2 lakh with two sureties each in the like amount.
The High Court imposed conditions including that the appellants shall surrender their passport, if any, before the learned Trial Court. In case they do not hold a passport, an affidavit to that effect shall be filed before the learned Trial Court.
The appellant shall not leave India without the prior permission of the learned Trial Court. Any application seeking permission to travel shall disclose the destination, duration, and purpose of travel, along with complete contact details during such travel, the bench ordered.
Sobiya Aziz and Kamran Ashraf Reshi filed two petitions challenging the orders of 14.05.2026 and 17.03.2023 passed by the trial court dismissing the bail applications filed by the appellants.
The prosecution has alleged that reliable information was received that the cadres of proscribed terrorist organisations such as Lashkar-e-Taiba (LeT), Jaish-e-Mohammed (JeM), Hizb-ul-Mujahideen (HM), Al Badr and other similar outfits and their affiliates such as The Resistance Front (TRF), People Against Fascist Forces (PAFF), Mujahideen Gazwatul Hind (MGH), etc. are all active in Jammu & Kashmir (J&K) and are being orchestrated from Pakistan.
The agency had received information that the members of the proscribed terrorist organisations and their affiliates have also conspired to commit terrorist acts, recruited local youth to become members of terrorist organisations, and procured arms and ammunition for terrorism purposes. The members of the above-said proscribed organisations have conspired to wage war against the government of India.
A case was registered by the NIA on October 10, 2021. Sobiya Aziz was arrested on 22.10.2021, and a search was conducted at her residence, where, it is alleged, incriminating material in the form of several diaries wherein she had made handwritten notes pertaining to the establishment of Shariyat Law, Islamic State ideology, and other Jihadi material were recovered.
It is further alleged that an Islamic State Flag was also recovered from her house.
Advocate Kartik Venu, the counsel for Sobiya Aziz, submitted that she is presently 33 years old and has no other criminal antecedents. She has already spent almost 5 years of incarceration, and there is no chance of the trial ending soon. Only on this ground, she is entitled to be released on bail.
It was also submitted that she is also suffering from various ailments, as is reflected in her medical report of 20.08.2026 filed by the Superintendent, Tihar, in compliance with the directions of this Court in its order of 17.08.2026.
While opposing the bail plea, Special Public Prosecutor (SPP) for NIA submitted that Sobiya Aziz is part of a larger conspiracy to wage war against India and to help and support terrorist activities.
The SPP also referred to the statements of Khursheed Ahmad Ganie Ganie alias Jahangir Ahmad Ganie, Tariq Ahmed Hajam, Rukiyah Jan and the protected witness, the disclosure statements of co-accused Bilal Ahmed Mir contained, the contents of the diaries of the appellant Sobiya Aziz, as also the handwriting expert report, to submit that the charge against the appellant Sobiya Aziz is substantiated. (ANI)
5 years in custody pending trial, Delhi HC grants bail to 2 accused in NIA case
