Amarjeet Singh @ Nikka @ Baiya vs State Of Punjab on 19 May, 2026

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    Punjab-Haryana High Court

    Amarjeet Singh @ Nikka @ Baiya vs State Of Punjab on 19 May, 2026

    Author: Anoop Chitkara

    Bench: Anoop Chitkara

                          CRA-D-214-2026
    
    
                                                 IN THE HIGH COURT OF PUNJAB AND HARYANA
                                                             AT CHANDIGARH
    
                                                                         CRA-D-214-2026
    
    
                               JUDGEMENT                JUDGEMENT     OPERATIVE   PART UPLOADED ON
                               RESERVED                 PRONOUNCED ON PRONOUNCED    OR
                               ON                                     FULL
                               27.04.2026               19.05.2026    FULL PRONOUNCED 19.05.2026
    
                          Amarjeet Singh @ Nikka @ Baiya                               ...Appellant
    
                                                                Versus
    
                          State of Punjab                                              ...Respondent
    
                          CORAM:                 HON'BLE MR. JUSTICE ANOOP CHITKARA
                                                 HON'BLE MRS. JUSTICE SUKHVINDER KAUR
    
                          Present:               Mr. Ranwant Singh, Advocate
                                                 for the appellant.
    
                                                 Ms. Pooja Nayar Sharma, D.A.G., Punjab.
    
                                                        ****
    
                          ANOOP CHITKARA, J.
    
                             FIR No.             Dated          Police Station          Section
                             184                 21.10.2023     Balongi                 120B, 121, 153 IPC, 25(7), 25(8),
                                                                                        54, 59 of Arms Act, 17, 18, 18(b),
                                                                                        20 of UAPA, 21C, 29, 61, 85 of
                                                                                        NDPS Act
    
    

    Bail Application number before the Sessions BA-56-2026
    Court
    Date of Decision 14.01.2026

    1. Aggrieved by the dismissal of regular bail by the Additional Sessions Judge, SAS
    Nagar vide order dated 14.01.2026, the appellant had come up before this Court by filing
    the present appeal under Section 21 of the National Investigation Agency Act, 2008.

    SPONSORED

    2. Per paragraph 23 of the status report, the appellant has the following criminal
    antecedents:

                            Sr. No.          FIR No.     Date            Offenses                       Police Station
                            1.               268/2024    -               42, 52A of Jail Manual Act     City Faridkot
    
    
                                                                                  1
    JYOTI SHARMA
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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
                           CRA-D-214-2026
    
                            2.                39          11.04.2019    379, 467, 468, 471, 473, 212      Balongi
                                                                        IPC
                            3.                45          04.09.2021    341, 323, 324, 506, 148, 149,     Kotli   Surat
                                                                        308 IPC                           Mallian
                            4.                25          13.08.2023    109, 115, 120-B IPC, 13, 17,      SSOC Amritsar
                                                                        18, 20 UAPA
                            5.                120         10.09.2023    25(7) of Arms Act, 17, 18, 20     Khuian Sarwar
                                                                        UAPA
                            6.                33          17.09.2023    21, 29 of NDPS Act                SSOC Amritsar
                            7.                65          15.11.2024    25 of Arms Act, 21,25,27A, 29     SSOC Amritsar
                                                                        of NDPS Act and 61(2) BNS
                            8.                263         16.06.2025    22, 29 of NDPS Act                City Faridkot
    
    

    3. The appellant’s counsel submits that the appellant would have no objection
    whatsoever to any stringent conditions that this Court may impose, including that if the
    appellant repeats the offense or commits any non-bailable offense which provides for a
    sentence of imprisonment for more than seven years, the State may file an application to
    revoke this bail before the concerned Court having jurisdiction over this FIR, which shall
    have the authority to cancel this bail, and to which the appellant shall have no objection.
    Counsel for the appellant further submits that he shall not use his right of speech expression
    beyond what is permitted under Article 19 of the Constitution of India.

    4. The State’s counsel opposes the bail.

    5. Facts of the case are being taken from the status report dated April 23, 2026 filed by
    State counsel which reads as follows:

    “BRIEF FACTS OF THE CASE

    6. That with regard to the subject matter of the present appeal, it is
    submitted that case/FIR No.184 dated 21.10.2023 under Section 120-
    B, 121, 153 IPC, Section 25 (7), 25 (8) of Arms Act and Section 17,
    18, 18-B, 20 of Unlawful Activities Prevention Act was registered at
    Police Station Balongi, District S.A.S Nagar against Shakeel Ahmed
    @ Laddi Gujjar, Karanbir Singh @ Raja, Nirbair Singh @ Sehajpreet
    Singh @ Mani, Lovepreet Singh, Saroop Singh, Harpreet Singh @
    Happy Panchiya, Nishan Singh and Harwinder Singh @ Rinda on the
    ruqa of SI Aman Deep Verma that on 21.10.2023, he along with police
    party and accompanied with laptop and printer was present near
    Drain Pull, Village Balongi for patrolling and checking of suspicious
    persons. During this time, a Desh Sewak approached SI Aman Deep
    Verma and provided information regarding the involvement of the
    accused in various criminal activities. The informant stated that
    Shakeel Ahmed @ Laddi Gujjar, Karanbir Singh @ Raja, Nirbair
    Singh @ Sehajpreet Singh @ Sunny, Lovepreet Singh and Saroop
    Singh had formed a criminal gang and that several heinous crime
    cases were registered against them in multiple police stations across

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    JYOTI SHARMA
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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    Punjab. It was further disclosed that the accused have links with
    Harpreet Singh @ Happy Panchiya, Nishan Singh and Harwinder
    Singh @ Rinda, the leader of the banned organization Babbar Khalsa
    International (BKI), which is prohibited by the Government of India
    and currently operates out of Pakistan. The accused, in collusion with
    the Inter-Services Intelligence (ISI) of Pakistan are engaged in
    activities aimed at undermining the unity and integrity of India by
    orchestrating terrorist attacks. Harwinder Singh @ Rinda has
    reportedly been recruiting youth into BKI by channelling funds into
    the accounts of his associates Harpreet Singh @ Happy Panchiya and
    Nishan Singh. These funds are said to be used for procuring foreign
    weapons through smuggling and drones. It is believed that the
    accused by hatching a conspiracy could target religious, political and
    other high-profile individuals in Punjab and other states of India. It
    was further reported that Shakeel Ahmed @ Laddi Gujjar was present
    under the Bridge, Balongi, Mohali, Kharar Road awaiting an
    individual described as wearing a red and black shawl and carrying a
    backpack and in case, if apprehended, Shakeel Ahmed & Laddi Gujjar
    could lead to the recovery of foreign weapons and potentially prevent
    a major incident. Finding the aforesaid information to be trustworthy
    and reliable and the prima facie offences under Sections 120-B, 121,
    153 IPC, Section 25 (7), 25 (8) of Arms Act and Section 17, 18, 18-B,
    20 of Unlawful Activities Prevention Act to be made out against the
    aforesaid persons, the ruqa was sent for registration of FIR and
    consequently, case/FIR No. 184 (supra) was registered against the
    aforesaid persons.

    12. That thereafter, on 10.11.2023, the accused Sehajpreet Singh @
    Nirbair Singh @ Sunny was arrested in the present case/FIR No. 184
    (supra) based on the production warrants, with the permission of the
    Ld. Court. Based on the interrogation of the accused Sehajpreet Singh
    @ Nirbair Singh @ Sunny, a person named Gurpreet Singh @ Gopi
    son of Laxman Dass was nominated as an accused in the present
    case/FIR No. 184 (supra) vide DDR No. 17dated 18.11.2023.
    Furthermore, Sharanjit Singh @ Sunny and Amarjit Singh @ Nikka
    (present appellant) were also nominated as accused in the present
    case/FIR No. 184 (supra) vide DDR No. 14 dated 19.11.2023, based
    on the interrogation of Sehajpreet Singh @ Nirbair Singh @ Sunny.”

    6. State counsel opposes the bail on the grounds of massive criminal history and refers
    to paragraph no. 23 of the status report which reads as follows:

    “23. That as per official record, apart from the present case/FIR No.
    184 (supra), the appellant is a habitual offender and is also involved
    in eight more cases, the details of the same is as under:-

    a. FIR No.268/2024 u/s 42,52A, Jail Manual Act PS City Faridkot,
    Punjab
    b. FIR No. 39 dated 11.04.19 u/s 379,467,468, 471,473,212 IPC PS
    Balongi (Under Trial)

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    JYOTI SHARMA
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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    c. FIR 45 No. dated 04.09.21 u/s 341,323,324,506,148,149,308
    IPC PS Kotli Surat Mallian Distt. Batala
    d. FIR No.25 dated 13.08.23 u/s 109,115,120-B IPC, 13,17,18,20
    UAPA Act PS SSOC Amritsar Distt. CP Amritsar
    e. FIR No. 120 dated 10.09.23 u/s 25(7) Arms Act, 17,18,20 UAPA
    Act
    PS Khuian Sarwar Distt. Fazilka
    f. FIR No. 33 dated 17.09.2023 u/s 21,29 NDPS Act PS SSOC
    Amritsar Distt CP-ASR
    g. FIR No. 65 dated 15.11.24 u/s 25 Arms act, 21,25,27A,29 NDPS
    Act, 61(2) BNS PS SSOC Amritsar Distt. CP Amritsar
    h. FIR No. 263 date 16.06.25 u/s 22,29 NDPS Act PS City Faridkot
    Distt Faridkot”

    7. Undoubtedly, there are massive criminal antecedents of the applicant, but this Court
    has to analyze the evidence collected in the present case connecting him with the
    commission of the offense and the legal admissibility of such evidence.

    8. So far as the evidence collected against the present appellant-accused is only
    because of investigation and interrogation of Sehajpreet Singh @ Nirbair Singh @ Sunny.
    There is no recovery attributed against the appellant-accused. In addition, applicant’s
    counsel on instructions states that the applicant has no objection whatsoever to any
    condition.

    9. In Yedala Subba Rao and Anr. v. UOI, 2023-INSC-382, Apr 17, 2023, the Hon’ble
    Supreme Court holds,
    [21]. We have examined material relied upon against the appellants in
    paragraph 5 of the additional affidavit of the respondent as well as the
    chargesheet. Taking the material against the appellants as it is and
    without considering the defence of the appellants, we are unable to form
    an opinion that there are reasonable grounds for believing that the
    accusations against the appellants of commission of offence under the
    UAPA are prime facie true. Hence, the embargo on the grant of bail
    under proviso to subsection (5) of Section 43D will not apply in this case.
    We, however, make it clear that the findings recorded in this Judgment
    are only prima facie observations recorded for the limited purposes of
    examining the case in the light of the proviso to subsection (5) of Section
    43D
    of the UAPA. The trial shall be conducted uninfluenced by these
    observations.

    10. In Vernon v. State of Maharashtra [2023] 10 S.C.R. 867; 2023 INSC 655, July 28,
    2023, the Hon’ble Supreme Court holds,
    [43].
    In the case of Zahoor Ahmad Shah Watali (supra) [National
    Investigation Agency -vs- Zahoor Ahmad Shah Watali (2019) 5 SCC
    1]reference was made to the judgment of Jayendra Saraswathi Swamigal

    -vs- State of Tamil Nadu [(2005) 2 SCC 13) in which, citing two earlier

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    JYOTI SHARMA
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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    decisions of this court in the cases of State -vs- Jagjit Singh (AIR 1962
    SC 253) and Gurcharan Singh -vs- State of (UT of Delhi) [(1978) 1 SCC

    118), the factors for granting bail under normal circumstances were
    discussed. It was held that the nature and seriousness of the offences, the
    character of the evidence, circumstances which are peculiar to the
    accused, a reasonable possibility of the presence of the accused not being
    secured at the trial; reasonable apprehension of witnesses being tempered
    with; the larger interest of the public or the State would be relevant
    factors for granting or rejecting bail. Juxtaposing the appellants’ case
    founded on Articles 14 and 21 of the Constitution of India with the
    aforesaid allegations and considering the fact that almost five years have
    lapsed since they were taken into custody, we are satisfied that the
    appellants have made out a case for granting bail. Allegations against
    them no doubt are serious, but for that reason alone bail cannot be denied
    to them. While dealing with the offences under Chapters IV and VI of the
    1967 Act, we have referred to the materials available against them at this
    stage. These materials cannot justify continued detention of the
    appellants, pending final outcome of the case under the others provisions
    of the 1860 Code and the 1967 Act.

    11. In Gurwinder Singh v. State of Punjab & Another, SLP (Criminal) No.10047 of
    2023, 2024-INSC-92, February 07, 2024, the Hon’ble Supreme Court holds,
    [18]. The conventional idea in bail jurisprudence vis-à-vis ordinary penal
    offences that the discretion of Courts must tilt in favour of the oft-quoted
    phrase – ‘bail is the rule, jail is the exception’ – unless circumstances
    justify otherwise – does not find any place while dealing with bail
    applications under UAP Act. The ‘exercise’ of the general power to grant
    bail under the UAP Act is severely restrictive in scope. The form of the
    words used in proviso to Section 43D (5)– ‘shall not be released’ in
    contrast with the form of the words as found in Section 437(1) CrPC –
    ‘may be released’ – suggests the intention of the Legislature to make bail,
    the exception and jail, the rule.

    [19]. The courts are, therefore, burdened with a sensitive task on hand. In
    dealing with bail applications under UAP Act, the courts are merely
    examining if there is justification to reject bail. The ‘justifications’ must
    be searched from the case diary and the final report submitted before the
    Special Court. The legislature has prescribed a low, ‘prima facie’
    standard, as a measure of the degree of satisfaction, to be recorded by
    Court when scrutinising the justifications [materials on record]. This
    standard can be contrasted with the standard of ‘strong suspicion’, which
    is used by Courts while hearing applications for ‘discharge’. In fact, the
    Supreme Court in Zahoor Ali Watali [(2019) 5 SCC 1] has noticed this
    difference, where it said:

    “In any case, the degree of satisfaction to be recorded by the
    Court for opining that there are reasonable grounds for believing
    that the accusation against the accused is prima facie true, is
    lighter than the degree of satisfaction to be recorded for

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    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    considering a discharge application or framing of charges in
    relation to offences under the 1967 Act.”

    [20]. In this background, the test for rejection of bail is quite plain. Bail
    must be rejected as a ‘rule’, if after hearing the public prosecutor and
    after perusing the final report or Case Diary, the Court arrives at a
    conclusion that there are reasonable grounds for believing that the
    accusations are prima facie true. It is only if the test for rejection of bail
    is not satisfied – that the Courts would proceed to decide the bail
    application in accordance with the ‘tripod test’ (flight risk, influencing
    witnesses, tampering with evidence). This position is made clear by Sub-
    section (6) of Section 43D, which lays down that the restrictions, on
    granting of bail specified in Sub-section (5), are in addition to the
    restrictions under the Code of Criminal Procedure or any other law for
    the time being in force on grant of bail.

    [21]. On a textual reading of Section 43 D(5) UAP Act, the inquiry that a
    bail court must undertake while deciding bail applications under the UAP
    Act
    can be summarised in the form of a twin-prong test :

    1) Whether the test for rejection of the bail is satisfied?

    1.1 Examine if, prima facie, the alleged ‘accusations’ make out an
    offence under Chapter IV or VI of the UAP Act
    1.2 Such examination should be limited to case diary and final
    report submitted under Section 173 CrPC;

    2) Whether the accused deserves to be enlarged on bail in light of
    the general principles relating to grant of bail under Section 439
    CrPC (‘tripod test’)? On a consideration of various factors such as
    nature of offence, length of punishment (if convicted), age,
    character, status of accused etc., the Courts must ask itself :
    2.1 Whether the accused is a flight risk?

    2.2. Whether there is apprehension of the accused tampering with
    the evidence?

    2.3 Whether there is apprehension of accused influencing
    witnesses?

    22. The question of entering the ‘second test’ of the inquiry will not
    arise if the ‘first test’ is satisfied. And merely because the first test
    is satisfied, that does not mean however that the accused is
    automatically entitled to bail. The accused will have to show that
    he successfully passes the ‘tripod test’.

    [33]. Hence, we are of the considered view that the material on record
    prima facie indicates the complicity of the accused as a part of the
    conspiracy since he was knowingly facilitating the commission of a
    preparatory act towards the commission of terrorist act under section 18
    of the UAP Act.

    [34]. For the aforementioned reasons the bail application of the Appellant
    is rejected and consequently the appeal fails…

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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    12. In Sheikh Javed Iqbal v. State of U.P., [2024] 7 S.C.R. 1054; 2024 INSC 534, July
    18, 2024, the Hon’ble Supreme Court holds,

    [5]. First Information Report (FIR) was lodged against the appellant by
    the informant Inspector Tej Bahadur Singh under Sections 121A, 489B
    and 489C of IPC. It came to be registered as Crime No. 01 of 2015.
    Informant stated that fake Indian currency notes of the denomination of
    Rs. 1,000 and Rs. 500, totalling a sum of Rs. 26,03,500.00, were
    recovered from the possession of the appellant on 22.02.2015 at about
    09:10 PM from the Indo-Nepal border. He was apprehended by a
    constable of the ATS team and brought to the ATS Headquarter. In the
    course of investigation, the appellant disclosed his name as Sheikh Javed
    Iqbal @ Ashfaq Ansari @ Javed Ansari, resident of Narayani Parsa,
    Belwa, Nepal. In addition to the fake Indian currency notes, one
    Nepalese driving licence of the appellant and one Nepalese citizenship
    certificate also of the appellant were recovered besides two mobile
    phones. According to the police, appellant had confessed that he was
    engaged in the illegal trade of supplying counterfeit Indian currency
    notes in Nepal. The appellant was arrested on 23.02.2015.

    [32]. This Court has, time and again, emphasized that right to life and
    personal liberty enshrined under Article 21 of the Constitution of India is
    overarching and sacrosanct. A constitutional court cannot be restrained
    from granting bail to an accused on account of restrictive statutory
    provisions in a penal statute if it finds that the right of the accused-
    undertrial under Article 21 of the Constitution of India has been
    infringed. In that event, such statutory restrictions would not come in the
    way. Even in the case of interpretation of a penal statute, howsoever
    stringent it may be, a constitutional court has to lean in favour of
    constitutionalism and the rule of law of which liberty is an intrinsic part.
    In the given facts of a particular case, a constitutional court may decline
    to grant bail. But it would be very wrong to say that under a particular
    statute, bail cannot be granted. It would run counter to the very grain of
    our constitutional jurisprudence. In any view of the matter, K.A. Najeeb
    (supra) being rendered by a three Judge Bench is binding on a Bench of
    two Judges like us.

    [33]. Thus, having regard to the discussions made above, we are of the
    considered view that continued incarceration of the appellant cannot be
    justified. We are, therefore, inclined to grant bail to the appellant.

    13. In Harpreet Singh Talwar v. State of Gujarat, [2025] 6 S.C.R. 291; 2025 INSC 662,
    May 13, 2025, the Hon’ble Supreme Court holds,

    [25]. Having given our anxious consideration to the submissions
    advanced by both sides and upon careful perusal of the material on
    record, we are of the view that the Appellant has not been able to make
    out a case for grant of regular bail at this stage.

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    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    [26]. We say so for the reason that despite no direct recovery of
    contraband effected from the Appellant, the Prosecution’s case is that he
    played a coordinating and enabling role in facilitating the import of
    narcotics concealed as talc through M/s Magent India–which he
    allegedly controlled through a proxy. The consignment, although not
    seized with heroin, shares structural and logistical similarities with those
    where heroin was ultimately found.

    [27]. The charge against the Appellant must also be evaluated in light of
    the broader matrix of facts, including

    (i) his alleged meetings in Dubai with a principal foreign accused;

    (ii) the transfer of documents through intermediaries for the
    clearance of a flagged consignment;

    (iii) efforts to retrospectively fabricate invoices and assign
    responsibility to others;

    (iv) the use of multiple firms allegedly connected to him to
    obfuscate the true nature of the transactions; and

    (v) his telephonic calls to certain co-conspirators.

    These aspects, supported by the statements of protected witnesses and
    circumstantial linkages, currently meet the threshold of prima facie
    satisfaction regarding the Appellant’s complicity.

    [28]. This Court is cognizant of the fact that no heroin or narcotic
    substances were directly recovered from the consignment linked to the
    Appellant. However, the investigative narrative does not rest solely on
    physical recovery but proceeds on the basis of conspiracy and
    facilitation. In such cases, the absence of direct seizure is not dispositive,
    particularly where there exists a pattern of covert coordination, fictitious
    entities, and barter-based compensation–features which, according to
    the prosecution, mark the smuggling architecture employed in the present
    matter.

    [29]. The Appellant faces serious charges, which allegedly carry grave
    societal ramifications, including the facilitation of cross-border drug
    trafficking–an offence with well-documented links to organised crime
    and public health degradation. The seizure in the connected consignment
    is part of what the Prosecution claims to be the largest heroin bust in
    Indian history, valued at over INR 21,000 crores. The scale and
    sophistication of the operation, involving foreign syndicates, shell firms,
    medical visas, and false documentation, elevates this case far beyond
    routine NDPS violations.

    [30]. This Court also cannot ignore the fact that multiple key witnesses
    still remain to be examined, and the trial while underway, will take time
    in completion. Out of 24 most vulnerable or material witnesses, two have
    died, and two others are untraceable. One of the deceased witnesses, a
    retired Customs Officer, was found dead on the very day he was
    scheduled to record his statement under Section 164 CrPC. The risk of
    witness tampering or elimination–whether directly attributable to the

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    CRA-D-214-2026

    Appellant or not–is a real and present concern that militates against the
    grant of bail at this stage.

    [31]. Moreover, the Appellant’s criminal antecedents, though not
    involving prior accusations under the NDPS Act, include multiple DRI
    and customs proceedings involving smuggling of cigarettes,
    undervaluation of imports, and alleged complicity in corruption offences.
    These antecedents are relevant only for the limited purpose of evaluating
    the Appellant’s propensity to interfere with the process of justice if
    enlarged on bail.

    [32]. NIA has also highlighted that several accused remain absconding,
    including the primary foreign conspirators. In that context, the
    Appellant’s foreign travel, overseas connections, and financial capacity
    cannot be overlooked in evaluating the possibility of flight risk. These
    are not speculative concerns but flow directly from the Appellant’s prior
    conduct and profile.

    [33]. We are conscious of the settled principle that pre-trial incarceration
    should not translate into punitive detention. The Appellant has been in
    custody since 24.08.2022, and while we do not find that this duration
    alone warrants bail under the present circumstances, the Appellant shall
    remain at liberty to renew his prayer for bail after a period of six months,
    or upon substantial advancement in the trial, whichever is earlier. Such a
    course would allow the Prosecution to complete the examination of its
    core witnesses while preserving the accused’s right to seek release at a
    later and more appropriate stage.

    [34]. Before parting with this matter, we deem it necessary to clarify that,
    at this stage, it would be premature and speculative to extend the
    allegations against the Appellant to the domain of terror financing. While
    the prosecution has invoked provisions of the UAPA and has broadly
    linked the smuggling enterprise to trans-national syndicates with
    suspected affiliations, there is no compelling reason to currently link the
    Appellant and proscribed terrorist organisations, either within or outside
    the country. The evidentiary foundation to sustain such a grave allegation
    must be clear and compelling–something that, can be seen only after a
    substantial portion of evidence is led by both the parties.

    [35]. In light of the foregoing discussion, and without expressing any
    opinion on the merits of the case, we dismiss the instant appeal with the
    following directions:

    i. We are not inclined to enlarge the Appellant on regular bail at
    this stage. He shall be at liberty to renew his plea for regular bail
    after a period of 6 months, or at a stage where the ongoing trial has
    progressed substantially;

    ii. The NIA is directed to submit to the Special Court an additional
    list of witnesses who, in its assessment, are sensitive or material,
    inasmuch as their testimony may have a direct bearing on the role

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    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    of the Appellant or other co-accused in the ongoing trial and
    connected investigation;

    iii. The Special Court is directed to list the matter twice in a month
    and record the statements of Prosecution witnesses on a continuous
    and uninterrupted basis; and
    iv. If the Presiding Officer of the Special Court has not been posted
    thus far, we request the Hon’ble Chief Justice of the High Court of
    Gujarat to do the needful within a week.

    14. In the light of the Judicial Precedents of Hon’ble Supreme Court of India,
    considering the nature of allegations against the appellant and keeping in mind the stage of
    trial, and the pre-trial custody, we are of the considered opinion that further pre-trial
    incarceration would cause grave injustice to the appellant.

    15. Further, the appellant, through his counsel, undertakes not to indulge in any Anti-
    India activity and also that he would not cross the limits of his speech and expression
    beyond what is permitted under Article 19 of the Constitution of India and considering the
    entire facts and the pre-trial custody, which on the face of it, is excessive for the purpose of
    pre-trial custody and the undertaking given by the appellant through counsel, we are of the
    considered opinion that his further custody is not required.

    16. Without commenting on the case’s merits, in the facts and circumstances unique and
    peculiar to this case, and for the reasons mentioned above, the appellant makes a case for
    bail.

    17. Given the above, provided the appellant is not required in any other case, the
    appellant shall be released on bail in the FIR captioned above, subject to furnishing bonds
    of Rs. 1 lac to the satisfaction of the concerned trial Court and due to unavailability before
    any nearest Chief Judicial Magistrate or Duty Magistrate/ Ilaqa Magistrate.

    18. In Gulfisha Fatima v. State (Govt. of NCT of Delhi, 2026-INSC-2, Jan 05, 2026, the
    Hon’ble Supreme Court holds,

    [434]. The appellants granted bail shall be released subject to the
    following conditions, which are imposed not as matters of form, but as
    substantive safeguards in the interest of national security, public order,
    and the integrity of the trial process.

    i. Each of the appellants shall execute a personal bond in the sum of
    ₹2,00,000/- (Rupees Two Lakhs only) with two local sureties of the like
    sum to the satisfaction of the Trial Court.

    ii. The appellants shall remain within the National Capital Territory of
    Delhi and shall not leave its territorial limits without prior permission of

    10
    JYOTI SHARMA
    2026.05.19 16:42
    I attest to the accuracy and
    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    the Trial Court. Any request for travel shall disclose reasons and such
    prayer/request shall be considered by the Trial Court strictly on its merits

    iii. The appellants shall surrender their passports, if any, before the Trial
    Court. Where no passport exists, an affidavit to that effect shall be filed.
    We direct the respondent to intimate all the immigration authorities in the
    country not to permit their exit from the country in any manner
    whatsoever, without express permission from the Trial Court.

    iv. The appellants shall furnish their current residential addresses, contact
    numbers, and e-mail addresses to the Investigating Officer as well as to
    the Trial Court. The appellants shall not change their place of residence
    or contact particulars without giving at least seven days’ prior written
    intimation to the Investigating Officer and the Trial Court.

    v. Each of the appellants, namely Gulfisha Fatima, Meeran Haider, Shifa-
    ur-Rehman, Mohd. Saleem Khan, and Shadab Ahmed, shall personally
    appear twice a week, that is on Monday and Thursday between 10:00
    a.m. and 12:00 noon, before the Station House Officer, Police Station
    Crime Branch, Delhi Police, Office of the Commissioner of Police,
    Police Headquarters, Jai Singh Marg, New Delhi – 110001 and mark
    their attendance. The Station House Officer shall maintain a separate
    register of attendance in respect of each of these appellants and shall
    furnish a monthly compliance report to the Trial Court, which shall be
    placed on the main record of the case.

    vi. The abovenamed appellants shall not directly or indirectly contact,
    influence, intimidate or attempt to contact any witness or any person
    connected with the proceedings, nor shall they associate with or
    participate in the activities of any group or organization linked to the
    subject matter of the present FIR/ final report.

    vii. The appellants shall not make or publish or disseminate any
    information, statement, article or post whether in print, electronic or
    social media concerning the present case or its
    participants till conclusion of the trial.

    viii. The appellants shall not participate in any programme or address or
    attend any gathering, rally or meeting, whether physically or virtually till
    conclusion of the trial.

    ix. The appellants shall not circulate any post either in electronic form or
    physical form or circulate any hand bills, posters, banners, etc in any
    form whatsoever.

    x. The appellants shall fully cooperate with the trial and shall appear on
    every date of hearing unless exempted for reasons to be recorded by the
    Trial Court to its satisfaction and they shall
    not exhibit any conduct that has the effect of delaying the proceedings.

    11
    JYOTI SHARMA
    2026.05.19 16:42
    I attest to the accuracy and

    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    xi. The appellants shall maintain peace and good behaviour throughout
    and in the event of any offence committed during the pendency of the
    trial, the prosecution would be at liberty to seek for revocation of the bail
    granted by filing such application before the Trial Court and in the event
    of such application being filed the Trial Court shall consider it on its own
    merits.

    [435]. In case of breach of any of the afore-stated conditions imposed or
    in the event of appellants having misused the liberty granted, it shall be
    open to the Trial Court to cancel the bail which would be necessarily
    after affording opportunity of hearing to the appellants.

    19. The Appellants shall abide by all the above conditions as were ordered by the
    Hon’ble Supreme Court of India in Gulfisha Fatima supra, before the police station
    concerned in the present case.

    20. In addition to the above conditions, the Appellant shall also abide by the following
    additional conditions, wherever these do not overlap with the conditions mentioned in
    Gulfisha Fatima supra.
    It is clarified that the conditions mentioned in Gulfisha Fatima
    supra are to be preferred over the following conditions imposed by this Court.

    21. The appellant shall abide by all statutory bond conditions and appear before the
    concerned Court(s) on all dates. The appellant shall not tamper with the evidence,
    influence, browbeat, pressurize, induce, threaten, or promise, directly or indirectly, any
    witnesses, Police officials, or any other person acquainted with the facts and circumstances
    of the case or dissuade them from disclosing such facts to the Police or the Court.

    22. The appellant shall not seek any unnecessary adjournment, and if he does so, the
    State shall have the right to apply for cancellation of bail.

    23. The appellant shall mention his current address, phone number, e-mail, if any, and
    present address, native address, and in case of change, he shall inform the SHO of the
    police station concerned through a registered letter by mentioning the case number.
    Additionally, he shall also inform the concerned Court before whom the bonds were
    furnished.

    24. Given the background of allegations against the appellant, it becomes paramount to
    protect the members of society as well as the integrity of the country, and incapacitating the
    accused would be one of the primary options until the filing of the closure report,
    discharge, or acquittal. Consequently, it would be appropriate to restrict the possession of
    firearms. This restriction is being imposed based on the preponderance of evidence of
    probability and not of evidence of certainty, i.e., beyond a reasonable doubt; and as such, it
    is not to be construed as an intermediate sanction. Given the nature of the allegations and

    12
    JYOTI SHARMA
    2026.05.19 16:42
    I attest to the accuracy and
    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    the other circumstances peculiar to this case, the appellant shall surrender all weapons,
    firearms, and ammunition, if any, along with the arms license, to the concerned authority
    within fifteen days of release from prison and inform the Investigator of compliance.
    However, subject to the Indian Arms Act, 1959, the appellant shall be entitled to renew and
    take it back in case of acquittal in this case, provided that this is otherwise permissible
    under the concerned rules. Restricting firearms would instill confidence in society; it would
    also restrain the accused from influencing the witnesses and repeating the offense.

    25. The conditions mentioned above imposed by this court are to endeavor to reform
    and ensure that the accused does not repeat the offense. In Mohammed Zubair v. State of
    NCT of Delhi
    , 2022:INSC:735 [Para 28], Writ Petition (Criminal) No 279 of 2022, Para 29,
    decided on July 20, 2022, A Three-Judge bench of Hon’ble Supreme Court holds that “The
    bail conditions imposed by the Court must not only have a nexus to the purpose that they
    seek to serve but must also be proportional to the purpose of imposing them. The courts,
    while imposing bail conditions must balance the liberty of the accused and the necessity of
    a fair trial. While doing so, conditions that would result in the deprivation of rights and
    liberties must be eschewed.”

    26. In Md. Tajiur Rahaman v. The State of West Bengal, decided on 08-Nov-2024, SLP
    (Crl) 12225-2024, Hon’ble Supreme Court holds in Para 7, “It goes without saying that if
    the petitioner is found involved in such like offence in future, the concession of bail granted
    to him today will liable to be withdrawn and the petitioner is bound to face the necessary
    consequences.”

    27. This bail is conditional, with the foundational condition being that if the appellant
    repeats the offense or commits any non-bailable offense which provides for a sentence of
    imprisonment for more than three years, the State shall file an application to revoke this
    bail before the trial Court having jurisdiction over this FIR, which shall have the authority
    to cancel this bail, and as per their discretion, they may cancel this bail.

    28. Any observation made hereinabove is tentative and is not an expression of opinion
    on the case’s merits, and it shall have no bearing on the trial or on the case of the co-
    accused, and the trial Court shall not advert to these comments.

    29. It is clarified that this bail order shall not be considered as a blanket bail order in
    any other matter and is only limited to granting bail in the FIR mentioned above.

    30. In Amit Rana v. State of Haryana, CRM-18469-2025 [in CRA-D-123-2020, decided
    on 05.08.2025], a Division Bench of Punjab and Haryana High Court in paragraph 13,
    holds that “To ensure that every person in judicial custody who has been granted bail or

    13
    JYOTI SHARMA
    2026.05.19 16:42
    I attest to the accuracy and
    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh
    CRA-D-214-2026

    whose sentence has been suspended gets back their liberty without any delay, it is
    appropriate that whenever the bail order or the orders of suspension of sentence are not
    immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a
    situation, to facilitate the immediate restoration of the liberty granted by any Court, the
    downloaded copies of all such orders, subject to verification, must be accepted by the Court
    before whom the bail bonds are furnished.”

    31. Given the above, the impugned order is set aside and appeal is allowed in terms
    mentioned above. All pending applications, if any, stand disposed of.

    (ANOOP CHITKARA)
    JUDGE

    (SUKHVINDER KAUR)
    JUDGE

    19.05.2026
    Jyoti Sharma

    Whether speaking/reasoned YES
    Whether reportable NO

    14
    JYOTI SHARMA
    2026.05.19 16:42
    I attest to the accuracy and
    authenticity of this order/judgment
    High Court, Sector 1, Chandigarh



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