Supreme Court – Daily Orders
Suhail Ahmad Thokar vs National Investigation Agency on 22 May, 2026
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2026
(ARISING OUT OF SLP (CRIMINAL) NO. 83 OF 2024)
SUHAIL AHMAD THOKAR APPELLANT(S)
VERSUS
NATIONAL INVESTIGATION AGENCY RESPONDENT(S)
O R D E R
1. Leave granted.
2. The appellant seeks his enlargement on regular bail in
case FIR Crime No.RC-29/2021 registered at Police Station
National Investigation Agency, Delhi under Sections 120B,
121A, 122 and 123 of the Indian Penal Code, 1860 and Sections
18, 18A, 18B, 20, 38 and 39 of the Unlawful Activities
(Prevention) Act, 1967. The case pertains to incubation of a
larger conspiracy in the Kashmir Valley, where it is alleged
that physical and digital domains had been orchestrated by
proscribed groups, whose description has been disclosed in
the FIR and who are involved in radicalising local youth.
This is said to be done with an intention to recruit and
train them in handling arms, ammunition, and explosives. The
allegation against the appellant was that he was involved in
providing refuge to the members of such proscribed
organisations.
Signature Not Verified
Digitally signed by
3. The appellant was arrested on 20.10.2021 and has been in
NITIN TALREJA
Date: 2026.05.22
14:48:49 IST
Reason:
custody since then. The bail having been denied by the trial
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court as well as by the High Court, vide impugned order dated
22.09.2023, the appellant has approached this Court.
4. Various orders have been passed from time to time with a
view to ensure that the vital and protected witnesses, who
were to depose against the appellant, are able to record
their statements without any fear and/or undue influence. It
is fairly stated by the learned Additional Solicitor General
of India that such witnesses qua the appellant have since
been examined. There are, however, still some vital and
protected witnesses to be examined, but their depositions
revolve around the role attributed to the appellant’s co-
accused.
5. Some of the appellant’s co-accused have since been
enlarged on bail. The conclusion of trial may also take some
reasonable time. Taking into consideration the period already
spent by the appellant in custody and the fact that the
conclusion of trial might take some more time, as also
keeping in view the parity claimed by the appellant, however,
without expressing any opinion on the nature of gravity of
the offence, the instant appeal is allowed and the appellant
is directed to be released on bail subject to his furnishing
bail bonds to the satisfaction of the NIA Court, Delhi. The
NIA Court, in addition to the other conditions that it may
deem appropriate, will also ensure weekly presence of the
appellant before the jurisdictional police station for the
purpose of ensuring his physical presence so that no
impediment in the ongoing trial is caused. The appellant and
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his counsel shall also fully cooperate with the ongoing
trial, failure of which shall be construed to be misuse of
the concession of bail. The appellant shall be at liberty to
request the trial court for appearance through virtual
hearing, and such a prayer shall be considered as per law.
6. Pending application(s), if any, shall stand closed.
……………………..CJI.
(SURYA KANT)
……………………..J.
(JOYMALYA BAGCHI)
……………………..J.
(VIPUL M. PANCHOLI)
NEW DELHI;
MAY 22, 2026.
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ITEM NO.10 COURT NO.1 SECTION II-D
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (Crl.) No(s). 83/2024
[Arising out of impugned judgment and order dated 22-09-2023
in CRLA No. 286/2023 passed by the High Court of Delhi at New
Delhi]
SUHAIL AHMAD THOKAR Petitioner(s)
VERSUS
NATIONAL INVESTIGATION AGENCY Respondent(s)
(IA No. 1104/2024 – EXEMPTION FROM FILING O.T., IA No.
1103/2024 – PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/
ANNEXURES, IA No. 187409/2024 – PERMISSION TO FILE ADDITIONAL
DOCUMENTS/FACTS/ANNEXURES and IA No. 6258/2024 – PERMISSION
TO FILE ADDITIONAL DOCUMENTS/FACTS/ANNEXURES)
Date : 22-05-2026 This matter was called on for hearing
today.
CORAM : HON’BLE THE CHIEF JUSTICE
HON’BLE MR. JUSTICE JOYMALYA BAGCHI
HON’BLE MR. JUSTICE VIPUL M. PANCHOLI
For Petitioner(s) :Mr. Kartik Murukutla, Adv.
Mr. Farrukh Rasheed, AOR
Mr. Abu Bakr Sabbaq, Adv.
For Respondent(s) :Mr. Tushar Mehta, Solicitor General
Mr. K M Nataraj, A.S.G.
Mr. Kanu Agrawal, Adv.
Mr. Tanmay Mehta, Adv.
Mrs. Bani Dixit, Adv.
Mr. Raman Yadav, Adv.
Ms. Sarthak Karol, Adv.
Ms. Sansriti Pathak, Adv.
Mr. Arvind Kumar Sharma, AOR
Mr. Aman Mehta, Adv.
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UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The appeal is allowed in terms of the signed order.
Pending application(s), if any, shall stand closed.
(NITIN TALREJA) (PREETHI DILEEP KUMAR)
ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR
(Signed order is placed on the file)
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