Shabir Ahmed Shah Vs National Investigation Agency (Delhi High Court)
Delhi High Court held that bail application dismissed as there are reasonable grounds to believe that the accusations in money laundering case against the Appellant appear prima facie to be true. Accordingly, bail application rejected.
Facts- The present Criminal Appeal has been filed by the Appellant u/s. 21 of the National Investigation Agency („NIA‟) Act, 2008 to assail the Order dated 07.07.2023 passed by Additional Session Judge – 03 (New Delhi), whereby the Bail application of the Appellant was dismissed.
The present case emanates from the registration of the NIA case for offences under Sections 120B, 121 and 121A of the Indian Penal Code, 1860 (IPC), and Sections 13, 16, 17, 18, 20, 38, 39 and 40 of the Unlawful Activities (Prevention) Act, 1967 [UA(P) Act], by the NIA. The Prosecution’s case is premised on an alleged Conspiracy hatched among several accused persons who were purportedly engaged in secessionist activities in the erstwhile State of Jammu and Kashmir („J&K’) through various terrorist activities, such as organization of violent protests, instigating the general public to commit violence, pelting of stones at the Security Forces, burning of Schools, damaging public property, etc and waging war against the Union of India. Their ultimate aim and objective was to seek the secession of the J&K from the Union of India, all in the garb of „Freedom’.
