MD HEYDAITULLAH vs NATIONAL INVESTIGATION AGENCY

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + Reserved on: 16th December, 2024 Pronounced on: 10th January, 2025 + CRL.A. 871/2023 MD HEYDAITULLAH .....Appellant Through: Mr. Trideep Pais, Sr. Adv. with Mr. Kartik Murukutla, Adv. Versus NATIONAL INVESTIGATION AGENCY .....Respondent Through: Mr. Rahul Tyagi, SPP (NIA) with Mr. Jatin, Mr. Amit Rohila and Mr. Shaurya Lamba, Advs. with Insp. Vishnu Kumar, CIO, NIA with Mr. B.P. Gautam. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA JUDGMENT AMIT SHARMA, J. 1. The present appeal has been filed by the Appellant-Md. Heydaitullah under Section 21(4) of the National Investigation Act, 2008 (for short, ‘NIA Act’) read with Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) assailing the impugned order dated 23.08.2023 passed by Shri Shailender Malik – ASJ-03, New Delhi District, Patiala House Courts, New Delhi in RC No. Signature Not Verified Digitally Signed By:SHIWANI NEGI CRL.A. 871/2023 Page 1 of 64 Signing Date:10.01.2025 19:28:13 14/2021/NIA/DLI dated 29.06.2021 under Sections 124A/153A/153B of the IPC and Sections 17/18/18-B/38/39/40 of the Unlawful Activities Prevention Act, 1967 (for short ‘UAPA’) registered at P.S. NIA, whereby the bail application of the Appellant was dismissed. 2. As per the case of the prosecution certain inputs were received regarding proscribed terrorist organizations such as Islamic State of Iraq and Syria (for short, ‘ISIS’) running a campaign in the cyber space for radicalizing youths and carrying out terrorist activities in India and elsewhere. It is alleged that one cyber identity by the name of Qasim Saini @ Qasim Khurasani along with his associates was actively involved in creating and disseminating ISIS centric propaganda with the intention of motivating youths