NEW DELHI: A Delhi court recently granted default bail to three men allegedly part of a terror module linked to al-Qaida in the Indian Subcontinent (AQIS), observing that accused individuals are entitled to bail if investigators fail to file a chargesheet within the mandated 180-day period from the date of arrest.
“Despite the lapse of the statutory time period of 180 days, the chargesheet in the instant matter has not been filed against them. Learned Additional Public Prosecutor submits that the investigation regarding them is still pending. In my considered opinion, there is no embargo on the powers of the investigating agency to investigate the matter further; however, after the lapse of statutory time, the accused persons are entitled to statutory bail,” said the court of Additional Sessions Judge Hardeep Kaur in an order dated Feb 17.
The three accused – Umar Farooq, Hasan Ansari, and Arshad Khan, all from Ranchi – had been arrested by Delhi Police’s special cell on Aug 22 last year in Rajasthan’s Bhiwadi for allegedly receiving arms training as part of a terror module. Another accused, Shahbaz Ansari, was arrested in Jan this year and is in judicial custody. The special cell had arrested 11 persons, including Ishtiyaq from Ranchi, and the trio later granted bail from Bhiwadi. All remained in judicial custody since their arrest. On Feb 17, police filed a chargesheet naming eight of the 11 suspects, including Ishtiyaq, while against Shahbaz Ansari, cops have stipulated time left to file a chargesheet.
The accused’s counsel, urging the court to grant default bail, submitted that the chargesheet against Umar Farooq, Hasan Ansari, and Arshad Khan had not been filed in the court within stipulated period of completion of investigation, and the investigation regarding them is pending. The counsel stated that applicants had been languishing in judicial custody since Aug 22, 2024, and they have been implicated in this false case, with nothing incriminating recovered from their possession in front of independent public witnesses.
Opposing the bail, additional public prosecutor submitted before the court that accused persons were members of a highly radicalised Jharkhand-based group headed by Dr Ishtiyaq. The APP said that according to input and technical surveillance, some group members came to Bhiwadi for weapon training, and conspiracy of the same was plotted in Ranchi. Raids were conducted and accused persons were arrested, including the present three applicants who were taking weapon training along with other accused persons.
The court granted bail to the three men under various conditions, including furnishing a bail bond of Rs 50,000 each with two sureties each in the like amount.