UJJAIR AHMAD @ OZAIR AHMED vs NATIONAL INVESTIGATION AGENCY,

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 16th January, 2025 + CRL.A. 1012/2024 UJJAIR AHMAD @ OZAIR AHMED .....Appellant Through: Mr. Aarif Ali, Mr. Pankaj Tiwari, Mr. Mujahid Ahmad, Mr. Shahid Nadeem, Mr. Naveen & Mohd. Tansheed, Advs. versus NATIONAL INVESTIGATION AGENCY, .....Respondent Through: Ms. Shilpa Singh, SPP, NIA with Mr. Himanshu Jain, Dy. SP., AIO. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA Prathiba M. Singh, J. (Oral) 1. This hearing has been done through hybrid mode. Background 2. The present appeal has been filed by the Appellant under Section 21(4) of the National Investigation Agency, 2008 (hereinafter ‘NIA Act’) read with Section 528 of the BNSS, 2023 challenging the impugned order dated 19 th September, 2024 by which his bail application has been rejected. 3. An FIR, being RC No.06/2012/NIA/DLI, was registered by the NIA on 10th September, 2012 at PS NIA, New Delhi for various offences under the Unlawful Activities (Prevention) Act, 1967 (hereinafter ‘UAPA’) against certain persons which did not include the Appellant herein. Thereafter, chargesheet was filed in the said FIR on 17th March 2013 which only charged five accused persons. However, when the supplementary chargesheet was Signature Not Verified Digitally Signed CRL.A. 1012/2024 Page 1 of 14 By:DHIRENDER KUMAR Signing Date:16.01.2025 21:57:59 filed on 20th February, 2014, further accused persons were added including A- 9 – Ujjair Ahmad @ Ozair who is the Appellant herein. 4. The Appellant was arrested on 30th October, 2013. He was charge- sheeted under Sections 17, 18, 19, 38(2), 39(2) and 40(2) of the UAPA. The Appellant had sought regular bail before the Special NIA Court which was, however, rejected in the following terms: “xxx xxx xxx 8. Till date, in