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The Bombay High Court on Friday has granted bail to Iqbal Ahmed Kabir Ahmed, alleged co-conspirator with members of Islamic State, subject to conditions.

A Division Bench of Justice S S Shinde and Justice N J Jamadar has pronounced the judgment Today however, the verdict in the plea was reserved on July 14, 2021.

Granting bail on grounds including prolonged incarceration.
The Bench held,

“Having regard to the gravity of the offences, nature of the accusation and to protect the interest of the society at large we are, however, impelled to impose appropriate conditions.”

The conditions for bail in the order include-

Iqbal Ahmed Kabir Ahmed be released on bail on furnishing a P.R bond in the sum of Rupees One Lakh

- He shall report the N.I.A., Mumbai Branch twice every week

- He shall surrender his passport, if any

- He shall not indulge in any activities similar to the activities on the basis of which the appellant stands prosecuted

- He shall not try to establish communication with the co-accused or any other person involved directly or indirectly in similar activities, through any mode of communication.

The present appeal under section 21 of the National Investigation Agency Act, 2008 (NIA Act) was filed by Iqbal against the NIA special Judge order rejecting his bail application.

Facts in Brief

Iqbal is booked in a case registered by NIA for the offences punishable under section 120B and 471 of Indian Penal Code and sections 13, 16, 18, 18B, 20, 38 and 39 of Unlawful Activities (Prevention) Act, 1967 (UAPA) and section 4, 5 and 6 of the Explosives Substances Act, 1908 (the Explosives Act).

It is alleged that Iqbal was a co-conspirator with other co-accused Naserbin Abubaker Yafai (Chaus) who has been in contact with Islamic State of Iraq and Levant (ISIL), a banned terrorist organisation .

It is further alleged that Naserbin Abubaker Yafai (Chaus) with one other (co-accused) procured material to prepare an IED, in which Iqbal was found as a co-conspirator. Also, the oath (baith) owing allegiance to banned terrorist organization was recovered from Iqbal’s house.

In the Backdrop of the nature of these accusations, Special Judge was persuaded to reject the bail.

Considering the facts of the case along with the considerable time that would be required for the conclusion of the trial in the instant case, the court said,

“We have adverted to the nature of the material/evidence which, according to the prosecution, incriminates the accused and our prima facie view thereon. The gravity of the charges against the appellant is required to be considered through the aforesaid prism.”

Noting that the accused has already undergone minimum term of imprisonment prescribed for the offences the court granted the bail.

(Case Title: Iqbal Ahmed Kabir Ahmed vs The State of Maharashtra)