Supreme Court has granted interim bail for 10 days to an accused who has been in custody for nearly six years in a case investigated by the National Investigation Agency (NIA)
New Delhi — The Supreme Court has granted interim bail for 10 days to an accused who has been in custody for nearly six years in a case investigated by the National Investigation Agency (NIA), taking note of his minor child's hearing disability, his mother's health issues and the proposed eye surgery of his brother.
A Bench of Justices M.M. Sundresh and Augustine George Masih allowed the interim bail application moved by the accused and permitted his release from September 11 to September 21, subject to the terms and conditions to be imposed by the concerned trial court.
In its order, the Supreme Court recorded that the accused's minor child has been suffering from a hearing disability for a considerable period and had undergone bilateral cochlear implantation surgery.
The Justice Sundresh-led Bench also took note of the fact that his brother is likely to undergo eye surgery. "De hors the submissions that the applicant/petitioner wants to be with his minor child and mother, the further fact that the brother of the applicant/petitioner is likely to undergo an eye surgery, is not in dispute," the order said.
The Supreme Court further took into account that the accused has remained incarcerated for five years and 11 months. "Hence, in the facts and circumstances of the case, we are inclined to grant interim bail to the applicant/petitioner for a period of ten (10) days, commencing from 11.09.2026 to 21.09.2026," the order stated.
The apex court directed that the accused will surrender before the concerned jail authorities on or before 5 p.m. on September 21. It also clarified that the NIA would be at liberty to provide police escort to the accused at his own cost.
The interim bail plea was opposed by Additional Solicitor General Anil Kaushik, who submitted that the child's disability was long-standing, the mother did not require any urgent medical treatment, and the brother did not reside in the same household. However, the Supreme Court, after considering the rival submissions and the circumstances, granted the 10-day interim relief.
The accused is facing trial in an NIA case arising out of allegations concerning activities linked to the banned terrorist organisation Islamic State Khorasan Province (ISKP).
Following an investigation into alleged pro-ISIS activities in Bengaluru, the NIA had registered the case in September 2020 under Sections 120B and 125 of the IPC and Sections 17, 18 and 18B of the Unlawful Activities (Prevention) Act (UAPA).
The accused was arrested on October 7, 2020, after searches at his residential premises allegedly resulted in the seizure of incriminating digital and physical material, including a diary. The NIA subsequently filed a chargesheet against him and other accused.
The Karnataka High Court, while dismissing his bail appeal on January 29, rejected his contentions relating to delay in trial, non-furnishing of written grounds of arrest and his health condition.
The High Court had recorded that 19 of the 60 prosecution witnesses had been examined at that stage and directed the Special Court to expedite the trial. The accused thereafter approached the Supreme Court, which issued notice on his special leave petition (SLP) on March 20.
In a subsequent hearing on July 31, the Supreme Court was informed that 28 of the 62 witnesses had been examined.
The apex court then directed the Special Court to expedite the trial and endeavour to complete it within three months from that date. The matter has been listed for further hearing on November 18.