New Delhi, May 22, KDC: The Supreme Court on Friday granted bail to Suhail Ahmad Thokar, a resident of Pulwama district of South Kashmir, in an NIA case concerning an alleged larger conspiracy in Kashmir Valley involving proscribed organisations accused of radicalising youth and facilitating terrorist activities.
A Bench comprising Chief Justice of India Justice Surya Kant, Justice Joymalya Bagchi, and Justice Vipul M. Pancholi granted relief to Thokar in Special Leave Petition (Criminal), arising out of the Delhi High Court judgment dated September 22, 2023, which had upheld rejection of his bail plea.
The matter pertains to FIR No. RC-29/2021, registered by the National Investigation Agency, Delhi, under Sections 120B, 121A, 122 and 123 of the Indian Penal Code, along with Sections 18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA).
According to the prosecution, the case concerns incubation of a “larger conspiracy” in Kashmir Valley, where physical and digital platforms were allegedly orchestrated by proscribed organisations to radicalise local youth and recruit and train them in handling arms, ammunition and explosives. The allegation against Thokar was that he was involved in providing refuge to members of such banned organisations.
The Supreme Court noted that Thokar was arrested on October 20, 2021, and has remained in custody since then. His bail plea had earlier been rejected by the trial court and subsequently by the Delhi High Court, following which he approached the apex court.
During proceedings, the Centre informed the Court that vital and protected witnesses concerning allegations against Thokar had already been examined. It was also submitted that some remaining protected witnesses related primarily to allegations against co-accused persons.
The Supreme Court further noted that some co-accused persons had already secured bail, while acknowledging that completion of the trial could take “some reasonable time.”
“Taking into consideration the period already spent by the appellant in custody and the fact that conclusion of trial might take some more time, as also keeping in view the parity claimed by the appellant,” the Bench, according to news agency Kashmir Dot Com, allowed the appeal without expressing any opinion on the gravity of allegations.
The Court directed Thokar’s release on bail subject to furnishing bail bonds before the NIA Court, Delhi. The apex court also imposed conditions requiring his weekly appearance before the jurisdictional police station to ensure his physical presence and smooth conduct of the trial.
The Bench further directed that Thokar and his counsel must fully cooperate with trial proceedings, warning that any failure would be treated as misuse of the concession of bail. The Court also granted liberty to seek virtual appearance before the trial court in accordance with law.
Senior advocate Tushar Mehta, Solicitor General, along with Additional Solicitor General K.M. Nataraj, appeared for NIA, while Kartik Murukutla, advocate, represented the petitioner. (KDC)
