Delhi HC junks bail plea of accused in UAPA case for allegedly planning terror activities

NEW DELHI: The Delhi High Court has denied bail to a man booked under anti-terror law UAPA for allegedly planning terror activities and hatching a conspiracy to engineer bomb blasts across the country.

While rejecting the bail plea of  Mohd Amir Javed, who was arrested in September 2021 in the national capital, a bench headed by Justice Siddharth Mridul held that there is a "reasonable possibility"  that the accused is "one of the links in the network of people who were cognizant of the plan to trigger terrorist activity by using such bombs and explosives and causing loss of life."

The bench also comprising Justice Anish Dayal added that "the fact that he was the weakest link or a substantial link is an issue  which would be proven through trial by the prosecution."

Javed moved the high court after a trial court denied bail, he argued that he had been in custody for over 20 months and he was only an intermediary who had no knowledge about the fact that arms and explosives were given to him for safekeeping.

Upholding the trial court order, the bench said, "When the accused would be required for the purposes of framing of charges, this court is of the opinion that he should not be released on bail."

The court took note of a witness' statement that a consignment containing arms and explosives being kept in a bag at Javed’s house was given back to a co-accused who then took it to Prayagraj.

It was also dismissed Javed's lawyer's contention that he was "merely a  middleman" and had no knowledge about the fact that arms and explosives were given to him for safe keeping.

The high court said, "It is  not prima facie evident at this stage that the appellant was merely an intermediary without the knowledge of either the contents of the bag that he was meant to secure at his residence, or of the intent of the various  co-accused who have entrusted him with the bag and were in touch with him."

It would be quite natural to assume that somebody who has been entrusted with a bag to be kept at his residence would inquire and confirm the contents of the said bag, it added.

“It is evident in the instant case put forward by the investigating agency, that there was a large-scale conspiracy involving various persons acting for terror modules to engineer bomb blasts in India. The appellant was an integral part of the recovery of arms and explosives. This prima facie, cannot be said to exculpate the accused/appellant at this stage for the purpose of bail,” the order read.