Karnataka High Court
Mr. Afzal Basha vs National Investigation Agency on 2 December, 2025
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2025
PRESENT
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
AND
THE HON'BLE MR. JUSTICE VENKATESH NAIK T
CRIMINAL APPEAL NO.1425/2025 (21(NIA))
BETWEEN:
MR.AFZAL BASHA
S/O AHMED PASHA
AGED ABOUT 40 YEARS
R/AT NO.144, 5TH CROSS
BANGARAGIRINAGAR
J.C.NAGAR, BENGALURU ...APPELLANT
(BY SRI AKARSH S KANADE, ADVOCATE FOR
SMT.DIVYA A.V., ADVOCATE)
AND:
NATIONAL INVESTIGATION AGENCY
MINISTRY OF HOME AFFAIRS
REP. BY SPECIAL PUBLIC PROSECUTOR
OFFICE AT HIGH COURT COMPLEX
Digitally OPP. TO VIDHANA SOUDHA
signed by K S BANGALORE - 560 001 ...RESPONDENT
RENUKAMBA
Location: (BY SRI P.PRASANNA KUMAR, SPL.P.P.)
High Court of
Karnataka THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF
THE NATIONAL INVESTIGATION AGENCY ACT, 2008 READ WITH
SECTION 483 OF BNSS, PRAYING TO SET ASIDE THE ORDER DATED
24.03.2025 PASSED BY THE XLIX ADDL. CITY CIVIL AND SESSIONS
JUDGE (SPECIAL COURT FOR TRIAL OF NIA CASES) BENGALURU IN
SPL.C.NO.152/2021 AND ENLARGE THE APPELLANT ON BAIL FOR THE
ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 143, 147, 307,
436, 353, 332, 333, 427, 504, 506, 149 AND 34 OF IPC AND SECTION
4 OF PREVENTION OF DAMAGE TO PUBLIC PROPERTY ACT 1984 AND
SECTION 2 OF KARNATAKA PREVENTION OF DESTRUCTION AND
LOSS OF PROPERTY ACT, 1981 AND SECTIONS 15, 16, 18, 20 OF THE
UNLAWFUL ACTIVITIES (PREVENTION) ACT 1967 AND ETC.
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
THIS CRIMINAL APPEAL HAVING BEEN HEARD AND RESERVED
ON 10.11.2025 COMING ON FOR PRONOUNCEMENT OF JUDGMENT
THIS DAY, K.S.MUDAGAL J., DELIVERED THE FOLLOWING:
CORAM: HON'BLE MRS JUSTICE K.S.MUDAGAL
AND
HON'BLE MR JUSTICE VENKATESH NAIK T
CAV JUDGMENT
(PER: HON'BLE MRS JUSTICE K.S.MUDAGAL) Challenging the order of rejection of his bail application, accused No.5 in Spl.C.No.152/2021 on the file of XLIX Additional City Civil & Sessions Judge (Special Judge for the trial of NIA Cases) (CCH-50), Bengaluru has preferred this appeal.
2. Appellant and 145 others have been charge sheeted in the said case for the offences punishable under Sections 15, 16, 18 and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short 'UAP Act'), Sections 143, 147, 307, 436, 353, 332, 333, 427, 504, 506 read with Sections 149 and 34 of IPC, Section 4 of the Prevention of Damage to Public Property Act, 1984 and Section 2 of the Karnataka Prevention of Destruction and Loss of Property Act, 1981 (for short 'KPDLP Act'). Against appellant, Sections 16, 18 and 20 of UAP Act, Sections 120B, 34, 149 read with Sections 143, 145, 147, 188, 427, 436 and 353 of IPC and Section 2 of KPDLP Act was invoked. -3-
NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR
3. Appellant filed bail application before the trial Court claiming that he is falsely implicated in the case and he is in judicial custody since five years without trial. The same was opposed by the prosecution. The trial Court on hearing the parties by the impugned judgment and order has rejected his bail application on the following grounds:
(i) That there is prima-facie material to show involvement of the appellant in the crime.
(ii) Delay in trial is because of the calculated acts of the accused themselves. Therefore appellant cannot make the same as ground.
(iii) Section 43D(5) of UAP Act bars grant of bail as prima-facie case is forthcoming against the appellant.
4. The said order is challenged in the above case. Heard both side.
5. Sri Akarsh S Kanade, learned Counsel for the appellant reiterating the ground of appeal and grounds urged before the trial Court contended that the appellant is falsely implicated in the case and he is in custody without trial since five years. He also submitted that some of the co-accused have been granted bail by the trial Court, therefore the trial Court -4- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR was in error in rejecting the bail application of the appellant. He further submitted that the mother of the appellant is suffering from carcinoma and she is solely dependant on him. Therefore, he is entitled to bail.
6. In support of his submissions, he relied on the following judgments:
1. Union of India v. K.A.Najeeb1
2. Shaheen Welfare Association v. Union of India and ors.2
3. Ajay Ajit Peter Kerkar v. Directorate of Enforcement & Anr.3
4. Muzammil Pasha & ors. v. National Investigating Agency4
5. Ateeq Ahmed v. National Investigation Agency5
7. Per contra, Sri P.Prasanna Kumar, learned Special Public Prosecutor justifies the impugned order on the ground that there is sufficient material to show involvement of the appellant in antinational activities. He submits that the appellant did not even spare the police and the police station. Absolutely there was no delay on the part of the prosecution, it was the strategy of the accused themselves which had led to the delay. 1 (2021) 3 SCC 713 2 (1996) 2 SCC 616 3 Crl.A.Nos.2601-2602/2024 D.D.16.05.2024 4 WP No.1417/2021 & Connected matters, D.D.10.06.2021 5 Crl.A.793/2024 D.D.18.06.2024 -5- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR So far as granting bail to some of the co-accused, he submits that they were not facing allegations of offences under UAP Act. Therefore parity does not apply, whereas the bail application of the similarly situated accused were rejected by the trial Court, confirmed by this Court and the Hon'ble Apex Court. He submits that the judgments relied on by appellant's Counsel are not applicable.
8. In support of his submissions, he relies on the following judgments:
1. Shaikh Muhammed Bilal & Ors. v. National Investigating Agency6
2. Mohammed Kaleem Ahmed v. National Investigating Agency7
3. Imran Ahmed @ Imran Khan v. National Investigating Agency8
4. Mohamed Shariff v. National Investigating Agency9
5. Ateeq Ahmed v. National Investigating Agency10
6. Imran Ahmed v. National Investigating Agency11
7. Suhail Basha v. National Investigating Agency12
8. Mr.Firoz Pasha v. National Investigating Agency13
9. Rubah Waqas & Ors. v. National Investigating Agency14 6 Crl.A.Nos.585/2021 C/W 576/2021, 582/2021, 745/2021- D.D.15.09.2021 7 SLP (Crl.) No.848/2022 - D.D.28.02.2022 8 Crl.A.No.1640/2021 - D.D.22.12.2021 9 2022 SCC Online Kar 662 10 Crl.A.814/2022 C/w Crl.A.788/2022 - D.D.19.07.2022 11 Crl.A.124/2023 - D.D.29.05.2023 12 Crl.A.1631/2023 - D.D.25.01.2024 13 Crl.A.47/2024 - D.D.15.02.2024 14 Crl.A.827/2024 C/w Crl.A.828/2024 - D.D.30.08.2024 -6- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR
10. Shabbar Khan v. National Investigating Agency15
11. National Investigating Agency v. Zahoor Ahmed Shah Watali16
12. Suneel Roy v. State of U.P. & Ors.17
13. Suresh Jaiswal v. D.M., Lucknow and ors.18
14. Virupakshappa Gouda v. State of Karnataka19
15. Varinder Kumar v. State of Himachal Pradesh20
16. Kareem @ Sadam v. State by National Investigating Agency21
17. Mr.Ziya Ur Rehman @ Ziya v. National Investigating Agency22
18. Mohammed Shariff v. The State of Karnataka23
9. On hearing both sides and on examination of the materials on record, the point that arises for consideration is "whether the impugned order of rejection of the bail application of the accused is sustainable"?
Analysis
10. Case of the prosecution in brief is as follows:
(i) That prime accused in the case with some political aspirations to grab votes of Muslims, conspired to create unrest in the society on religious lines and in that direction to provoke others, accused No.19 made facebook post belittling Hindu 15 Spl. Leave to Appeal No.17214/2024 - D.D.13.02.2025 16 (2019) 5 SCC 1 17 1998 SCC OnLine ALL 1178 18 1986 SCC OnLine ALL 462 19 (2017) 5 SCC 406 20 (2020) 3 SCC 321 21 Crl.A.No.238/2025 - D.D.01.07.2025 22 Crl.A.Nos.767/2024 C/W 34/2024 - D.D.29.07.2025 23 Crl.A.1824/2024 - D.D.07.08.2025 -7- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR deities to invoke reaction of Naveen, a nephew of Shri Akhanda Srinivasa Murthy, MLA of Pulakeshi Nagar constituency, tagged him to the said post. In response to such post, Naveen posted some message about Prophet Mohammed on his facebook.
(ii) That on 11.08.2020 at 7.45 p.m. Moulvi named Sri Firdous Pasha had lodged the complaint before D.J.Halli Police Station against Naveen alleging blasphemy of Prophet Mohammed and hurting religious sentiments of persons belonging to particular religion. Based on such complaint, first information report was registered against him. Despite that at 8.00 p.m. accused No.4 K.M.Wajid Pasha accompanied by 50 persons gathered at D.J.Halli police station demanding arrest of Naveen. By that time, appellant with extreme religious ideologies on social network like whatsapp, phone calls etc. started instigating others to assemble at D.J.Halli police station, thus huge number of accused assembled at D.J.Halli police station and started insisting to register their complaints though case was already registered. They started demanding to handover Naveen to them. Ultimately, the mob turned into assembly of 800 to 1500 people, shouting slogans against the police of pouring petrol and burning the police station. Despite attempt of the police to control them, at 8.45 p.m. aggressive -8- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR group forcibly entered D.J.Halli police station with weapons, stones, sticks, rods and started damaging the police station building and attacked the police personnel.
(iii) Ultimately, proclamation under Section 144 of Cr.P.C was imposed and through public announcement requisition was made to disperse the mob. But the mob did not heed to that. Ultimately, mob over powering the police proceeded to cellar and set fire to sixty seven (67) Government vehicles including both four wheelers and two wheelers parked in the police station. The police resorted to lathi charge and tear gas charging. That also did not yield any result. After issuance of warning to the mob, police were forced to take recourse to firing to disperse the mob. The mob attempted to grab the weapons of the police. In police firing several people were injured, two persons died at the spot and many police personnel also suffered injuries in the hands of attackers.
11. The allegations against accused No.5/appellant is that on learning about derogatory facebook post by Naveen, he reached D.J.Halli police station in conspiracy with accused No.3 and others, mobilized many people at the scene of offence provoked them and participated in violent acts of damaging the property in the police station, obstructing the police from -9- NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR performing the duties and pouring petrol on vehicles and setting them on fire.
Reg. Prima facie case:
12. So far as prima-facie case, appellant does not dispute occurrence of the incident, but claims that his name does not figure in the first information report and subsequently he is falsely implicated. Legal principles in consideration of bail applications is no more res integra. In this regard, the Hon'ble Supreme Court in the judgment in Zahoor Ahmad Shah Watali's case referred to supra relying on several of its earlier judgments, at the stage of consideration of bail application has laid down the following principles:
(i) At the stage of consideration of bail application, the duty of the Court is to satisfy whether there are reasonable grounds for believing that accusation against the accused is prima-facie true;
(ii) For that purpose, the Court has to examine the materials or the evidence collected by the Investigating Officer with reference to the accusations;
(iii) Degree of satisfaction of prima-facie case at bail stage is lighter than such satisfaction at the stage of framing of charges or trial;
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR
(iv) It is necessary on the part of the Court to see that culpability of the accused and involvement of the accused in commission of organized crime directly or indirectly;
(v) Antecedents and propensities of the accused, nature and the manner in which the offence is committed; &
(vi) Once the charges are framed, it would be safe to assume that a very strong suspicion is founded upon the materials before the Court.
13. The trial Court relied upon the charge sheet materials and the statements of LWs.25 and 27 who are protected witnesses. Before this Court, learned Special Public Prosecutor produced copies of statements of LWs.25, 27, 122 and 124. LWs.25 and 27 are the statements of eyewitnesses who are head constables of the said police station and LWs.122 and 124 are the statements of other eyewitnesses. They speak about the incident, presence of appellant along with other accused. They also speak about appellant along with other accused instigating other members of the mob, vandalizing police station, the appellant pouring petrol and burning vehicles in the police station and obstructing the police from performing their duties. Considering the same, the trial Court rightly held
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR that name of the appellant not appearing in first information report is not fatal.
14. It is settled law that first information report is not encyclopedia and other materials also has to be examined. The Investigating Officer has collected call detail records of the appellant to show that he contacted the other accused persons during the incident and tower location of his mobile phone indicated his presence at D.J.Halli police station area. As per the charge sheet records, the Investigating Officer sent the seized mobile phone of the appellant to FSL to retrieve the data and as per FSL Report, the appellant found to have received voice message from accused No.21 exhorting Muslims to gather at D.J.Halli police station and even to be ready to martyr themselves. The call detail records revealed that he received 14 calls and made 28 outgoing calls during the relevant time. Hence, the trial Court was justified in holding that there was prima-facie material against the appellant. Reg. Delay in trial:
15. So far as delay in trial, the trial Court in para 22 of the impugned order has observed that the accused themselves have delayed the trial by repeatedly filing applications and such
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR applications were filed consecutively by each of the accused, though common advocate was representing same sets of the accused. Having regard to that, learned Special Public Prosecutor was asked to submit the list of applications filed by the accused and their results.
16. Learned Special Public Prosecutor submitted the statement of applications filed by the accused before the trial Court with their result and the statement of the cases filed by the accused before this Court which are as follows:
Bail Applications /Interim bail Applications Sl. Date of Date of Name and number of Accused Status No. filing Disposal 1 Mohammed Tousif (A-12) 01.04.2021 Rejected 23.04.2021 2 Syed Afnan (A-25) 25.02.2021 Allowed 25.02.2021 3 Fairoz (A-26) 22.02.2021 Allowed 22.02.2021 4 Sadaf Baig (A-27) 22.02.2021 Allowed 22.02.2021 5 Masood Ahamed (A-28) 22.02.2021 Allowed 22.02.2021 6 Syed Akmal (A-29) 22.02.2021 Allowed 22.02.2021 7 Izaz Pasha (A-30) 22.02.2021 Allowed 22.02.2021 8 Syed Saitu (A-31) 01.03.2021 Allowed 01.03.2021 9 Sohrab Pasha @ Saurab Pasha 22.02.2021 Allowed 22.02.2021 (A-32) 10 Syed Sameer (A-33) 22.02.2021 Allowed 22.02.2021 11 Saif Sha (A-34) 22.02.2021 Allowed 22.02.2021 12 Syed Nawaz (A-35) 22.02.2021 Allowed 22.02.2021 13 Mohammed Umar Farooq (A-36) 01.07.2021 Allowed 01.07.2021 14 Shabeer @ Allabakash (A-37) 19.03.2021 Allowed 19.03.2021
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR 15 Irfan (A-38) 20.02.2021 Allowed 20.02.2021 16 Sawood Khureshi (A-39) 20.02.2021 Allowed 20.02.2021 17 Imran Khan (A-40) 20.02.2021 Allowed 20.02.2021 18 Juberullaha Khan @ Juber (A-41) 20.02.2021 Allowed 20.02.2021 19 Syed Arfath @ Arfta (A-42) 20.02.2021 Allowed 20.02.2021 20 Irfan (A-43) 22.02.2021 Allowed 22.02.2021 21 Roshan Jameer (A-44) 20.02.2021 Allowed 20.02.2021 22 Syed Shabaz (A-45) 20.02.2021 Allowed 20.02.2021 23 Syed Farman (A-46) 23.02.2021 Allowed 23.02.2021 24 Athiq Ahmed (A-47) 22.02.2021 Allowed 22.02.2021 25 Abdul Wajeed (A-48) 23.02.2021 Allowed 23.02.2021 26 Mohammed Arif (A-49) 20.02.2021 Allowed 20.02.2021 27 Javeed (A-50) 20.02.2021 Allowed 20.02.2021 28 Arfath Pasha (A-51) 20.02.2021 Allowed 20.02.2021 29 Fayaz Sheikha Hussain (A-52) 20.02.2021 Allowed 20.02.2021 30 Nizamuddin (A-53) 20.02.2021 Allowed 20.02.2021 31 Sameer (A-55) 23.02.2021 Allowed 23.02.2021 32 Syed Pasha (A-56) 20.02.2021 Allowed 20.02.2021 33 Syed Nawaz (A-57) 22.02.2021 Allowed 22.02.2021 34 Abdul Rehman (A-58) 25.02.2021 Allowed 25.02.2021 35 Tanveer (A-59) 23.02.2021 Allowed 23.02.2021 36 Syed Salman (A-60) 26.02.2021 Allowed 26.02.2021 37 Irshad Ahmed (A-61) 23.02.2021 Allowed 23.02.2021 38 Hussain Sharif (A-62) 26.02.2021 Allowed 26.02.2021 39 Mubarak (A-63) 22.02.2021 Allowed 22.02.2021 40 Mohammed Irfan (A-64) 20.02.2021 Allowed 20.02.2021 41 Mohammed Tanveer Pasha (A-65) 20.02.2021 Allowed 20.02.2021 42 Muheeb Hussain (A-66) 20.02.2021 Allowed 20.02.2021 43 Thufel Ahmed (A-67) 20.02.2021 Allowed 20.02.2021 44 Mohammed Bilal (A-68) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR 45 Mohammed Faiz Pasha (A-69) 20.02.2021 Allowed 20.02.2021 46 Mohammed Roshan Inayath (A-70) 20.02.2021 Allowed 20.02.2021 47 Tabrez Hussain (A-71) 20.02.2021 Allowed 20.02.2021 48 Faraz Pasha (A-72) 20.02.2021 Allowed 20.02.2021 49 Syed Zibran (Earlier A-73) 20.02.2021 Allowed 20.02.2021 50 Syed Safeer Ahmed (A-74) 20.02.2021 Allowed 20.02.2021 51 Syed Sameer Ahmed (A-75) 20.02.2021 Allowed 20.02.2021 52 Tauseef Ahmed (A-76) 20.02.2021 Allowed 20.02.2021 53 Altaf Pasha (A-77) 20.02.2021 Allowed 20.02.2021 54 Syed Fayaz Basha (A-78) 20.02.2021 Allowed 20.02.2021 55 Sameer (A-79) 20.02.2021 Allowed 20.02.2021 56 Mohammed Arshad (A-80) 20.02.2021 Allowed 20.02.2021 57 Shaik Altaf (A-81) 20.02.2021 Allowed 20.02.2021 58 Ansar (A-82) 20.03.2021 Allowed 20.03.2021 59 Shaik Ajmal Ansar (A-83) 20.02.2021 Allowed 20.02.2021 60 Ayazuddin (A-84) 01.03.2021 Allowed 01.03.2021 61 Babu Sajjad (A-85) 22.02.2021 Allowed 22.02.2021 62 Syed Dadapeer (A-86) 09.03.2021 Allowed 09.03.2021 63 Syed Javeed (A-87) 22.02.2021 Allowed 22.02.2021 64 Syed Nawaz (A-88) 01.03.2021 Allowed 01.03.2021 65 Mohammed Arbaz (A-89) 12.03.2021 Allowed 12.03.2021 66 Mohammed Ifthekar (A-90) 26.02.2021 Allowed 26.02.2021 67 Syed Fazeel (A-91) 20.02.2021 Allowed 20.02.2021 68 Javed Shariff (A-92) 20.02.2021 Allowed 20.02.2021 69 Syed Mujahid (A-93) 01.03.2021 Allowed 01.03.2021 70 Imran Pasha (A-94) 20.02.2021 Allowed 20.02.2021 71 Mohammed Siddiq (A-95) 20.02.2021 Allowed 20.02.2021 72 Ahmed Ali Baig (A-96) 23.02.2021 Allowed 23.02.2021 73 Syed Altaf (A-97) 06.03.2021 Allowed 06.03.2021 74 Syed Sadik (A-98) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR 75 Syed Usman (A-99) 26.02.2021 Allowed 26.02.2021 76 Touseef (A-100) 20.02.2021 Allowed 20.02.2021 77 Abdul Riyaz (A-101) 20.02.2021 Allowed 20.02.2021 78 Mehaboob Pasha (A-102) 20.02.2021 Allowed 20.02.2021 79 Sikander (A-103) 20.02.2021 Allowed 20.02.2021 80 Azgar Ahamed (A-104) 20.02.2021 Allowed 20.02.2021 81 Irfan (A-105) 20.02.2021 Allowed 20.02.2021 82 Salman Khan (A-106) 20.02.2021 Allowed 20.02.2021 83 Karim Pasha (A-107) 24.04.2021 Allowed 24.04.2021 84 Mohammed Liyakath (A-108) 04.03.2021 Allowed 04.03.2021 85 Syed Adnan (A-109) 24.05.2021 Allowed 24.05.2021 86 Shadab (A-110) 20.02.2021 Allowed 20.02.2021 87 Mohammed Abbas (A-111) 20.02.2021 Allowed 20.02.2021 88 Shaik Ameen (A-112) 20.02.2021 Allowed 20.02.2021 89 Syed Imthiyaz Ahmed (A-113) 20.02.2021 Allowed 20.02.2021 90 Mohammed Sawood (A-114) 20.02.2021 Allowed 20.02.2021 91 Mohammed Imran (A-115) 20.02.2021 Allowed 20.02.2021 92 Thousif Khan (A-116) 20.02.2021 Allowed 20.02.2021 93 Mohammed Aftab (A-117) 20.02.2021 Allowed 20.02.2021 94 Arbaz Khan (A-118) 20.02.2021 Allowed 20.02.2021 95 Syed Shabaz (A-119) 20.02.2021 Allowed 20.02.2021 96 Mushthak Ahmed (A-120) 20.02.2021 Allowed 20.02.2021 97 Wasim (A-121) 20.02.2021 Allowed 20.02.2021 98 Mohammed Mudasir (A-122) 20.02.2021 Allowed 20.02.2021 99 Syed Yaseen (A-123) 20.02.2021 Allowed 20.02.2021 100 Shanur @ Shaanur (A-124) 20.02.2021 Allowed 20.02.2021 101 Afroz Alam @ Aproz Alam (A-125) 20.02.2021 Allowed 20.02.2021 102 Sheik Ameen (A-126) 20.02.2021 Allowed 20.02.2021 103 Syed Sikandar (A-127) 20.02.2021 Allowed 20.02.2021 104 Mohammed Azar (A-128) 20.02.2021 Allowed 20.02.2021
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR 105 Firoz Khan (A-129) 20.02.2021 Allowed 20.02.2021 106 Syed Imran (A-130) 20.02.2021 Allowed 20.02.2021 107 Irfan Khan (A-131) 20.02.2021 Allowed 20.02.2021 108 Mukbul @ Maqbool (A-132) 20.02.2021 Allowed 20.02.2021 109 Tousif Pasha (A-133) 20.02.2021 Allowed 20.02.2021 110 Syed Imran @ Mirchi (A-134) 20.02.2021 Allowed 20.02.2021 Atteq Ahmed (A-16) Shafi Khan (A-17) 111 Shahid Pasha Vali (A-18) 07.12.2021 Rejected 25.03.2022 Tabrez (A-23) Abdul Baseer (A-24) 112 Suhail Basha (A-6) 30.06.2022 Rejected 20.07.2022 113 Suhail Basha (A-6) 21.09.2022 Withdrawn 10.10.2022 114 Mohammed Arbaj (A-89) 07.12.2022 Allowed 09.12.2022 115 Suhail Basha (A-6) 21.06.2023 Rejected 07.08.2023 116 Mohammed Tousif (A-12) 12.05.2023 Rejected 28.08.2023 117 Wajid Pasha (A-4) 31.10.2023 Allowed 31.10.2023 for 1 day 118 Syed Khalid (A-9) 27.11.2023 Allowed 27.11.2023 for 1 day 119 Farooq (A-15) 12.01.2024 Allowed 23.01.2023 for 1 day 120 Baseer (A-24) 27.10.2022 Rejected 14.11.2024 121 Abdul Wajeed (A-48) 20.01.2024 Allowed 23.01.2024 122 Ateeq Ahmed (A-16) 01.04.2024 Partly 11.04.2024 Allowed 123 Wajid Pasha (A-4) 16.04.2024 Allowed 16.04.2024 for 1 day 124 Imran Khan (A-40) 19.06.2024 Rejected 22.06.2024 Mohammed Arif (A-49) 125 Suhail Basha (A-6) 01.07.2024 Allowed 01.07.2024 for 1 day 126 Ateeq Ahmed (A-16) 15.07.2024 Rejected 30.07.2024 127 Mohammed Arbaj (A-89) 04.11.2024 Allowed 12.11.2024 128 Syed Nawaz (A-35) 05.11.2024 Allowed 12.11.2024 Irfan (A-105)
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR 129 Afzal Basha (A-5) 05.03.2025 Rejected 24.03.2025 130 Wajid Pasha (A-4) 02.04.2025 Rejected 03.05.2025 131 Syed Pashavali (A-18) 11.06.2025 Withdrawn 12.06.2025 Mohammed Tousif (A-12) Dismissed 132 Shabaz (A-13) 21.05.2025 as 23.08.2025 Shameel Pasha (A-20) withdrawn Tanveer Khan (A-21) 133 Tabrez (A-23) 25.07.2025 Pending 134 Suhail Basha (A-9) 03.09.2025 Pending Shafi Khan (A-17) 135 Shahid Pasha Vali (A-18) 03.09.2025 Pending Tabrez (A-23) Abdul Baseer (A-24) Application seeking examination of sanction order Sl. Name and number of Date of Date of filing Status No. Accused Disposal A-1.Muzammil Pasha A-2.Syed Masood A-3.Syed Ayaz A-4.Wajid Pasha KM A-5.Afzal Basha A-6.Suhail Basha A-7.Rakib Sharif A-8.Mohammed Zaid A-9.Syed Khalid 1 A-10.Mudasir Ahamed 07.11.2024 Partly Allowed 10.02.2025 A-11.Mubarak @ Dicchi Mubarak A-15.Farooq A-16.Ateeq Ahmed A-17.Shafi Khan A-18.Shahid Pasha Vali A-19.Fairoz Pasha A-22.Firdous Khan A-23.Tabrez
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR Application for transfer of cases Sl. Name and number of Date of Date of filing Status No. Accused Disposal A-25, 27, 30, 32, 33,34,36, 37, 1 38, 46, 55, 56, 59, 60, 80, 88, 21.08.2025 Rejected 24.03.2025 90, 94, 97, 98, 99, 106 & 107 Application under Section 229 of Cr.P.C. (Plead Guilty) Sl. Name and number of Date of Date of filing Status No. Accused Disposal 1 Syed Khalid (A-9) 14.08.2025 Pending Mohammed Tousif (A-12) Shabaz (A-13) Farooq (A-15) 19.08.2025 2 Pending Shameel Pasha (A-20) Tanveer Khan (A-21) Firdous Khan (A-22) Application for discharge Sl. Name and number of Date of Date of filing Status No. Accused Disposal 1 Fairoz Pash (A-19) 18.04.2022 Dismissed Not Pressed Petitions and Appeals filed before this Court Sl. Name and number of Brief History of Last Next Remarks No. Case No. Accused case hearing hearing Rejected on 1 WP.18017/2021 Muzamil Pasha (A1) To quash the FIR 29.09.2021 Dismissed 05.04.2023 To declare Charge sheet filed against him Rejected on 2 WP.9277/2021 Ateeq Ahmed (A-16) is sham and 21.04.2021 Dismissed 05.04.2023 fictitious and stay operation of UAPA
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR A-1.Muzammil Pasha Writ petition filed A-2.Syed Masood challenging the A-3.Syed Ayaz partly order A-4.Wajid Pasha KM passed by NIA A-5.Afzal Basha court on A-6.Suhail Basha 10.02.2025 A-7.Rakib Sharif wherein the A-8.Mohammed Zaid Hon'ble NIA court A-9.Syed Khalid Dismissed summoned 3 WP.7017/2025 A-10.Mudasir Ahamed 07.03.2025 Dismissed on documents A-11.Mubarak @ Dicchi 26.04.2025 related to Mubarak Sanction order A-15.Farooq from MHA. Writ A-16.Ateeq Ahmed to quash A-17.Shafi Khan impugned order A-18.Shahid Pasha Vali dated 10.02.2025 A-19.Fairoz Pasha & IA to stay A-22.Firdous Khan proceedings A-23.Tabrez Petition filed by Dismissed A-5 Afzal Basha as challenging bail 4 Crl.P.5188/2025 Afzal Basha (A-5) 03.04.2025 Dismissed withdrawn rejection order of on NIA Court on 30.06.2025 24.03.2025 Appeal filed by A-
12 Mohammed Dismissed
Tousif as
5 Crl.A.1810/2025 Mohammed Tousif (A-12) challenging bail 12.09.2023 Dismissed withdrawn
application on
rejected by NIA 13.08.2025
special Court
Dismissed
6 Crl.P.6141/2020 Syed Khalid (A-8) Grant of bail 05.11.2020 Dismissed on
17.11.2020
Maheeb Hussain, Tufail Challenging bail Dismissed
7 Crl.A.1308/2020 Ahmed, Syed Sufair Ahmed rejection by NIA 14.12.2020 Dismissed on
and Syed Sameer Ahmed Special Court 21.01.2021
Challenging bail Dismissed
8 Crl.A.1314/2020 Fairoz (A-19) rejection by NIA 02.12.2020 Dismissed on
Special Court 27.01.2024
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
Memo filed for
withdrawal of the Dismissed
petition on the as
9 WP.939/2021 Muzamil Pasha (A-1) ground that the 10.02.2021 Dismissed withdrawn
police have on
already filed 26.02.2021
charge sheet
Challenging the
order dated
03.11.2020
passed by the
Syed Masood (A-2)
said Court on an
Syed Ayaz (A-3)
application filed
Syed Shabbir (A-37)
by the
Shabaz (A-45)
respondent-
Syed Pasha (A-56)
National
Abdul Rahman (A-58)
Investigating
Hussain Shariff (A-62)
Agency seeking
Tufail Ahmed (A-67) Allowed on
10 WP.1299/2021 extension of time 19.01.2021 Allowed
Mohammed Roshan Inayath 10.06.2021
for completion of
(A-70)
investigation and
Syed Safeer Ahmed (A-74)
the order dated
Mohammed Arshad (A-80)
05.01.2021
Ayazudduin (A-84)
passed by the
Mohammed Zaid (A-8)
said Court
Syed Mujahid
rejecting the
Syed Altaf (A-97)
applications filed
by the petitioners
under Section
167(2)
Sawood Khureshi (A-39) Challenging the
Imran Khan @ Imran (A-40) order dated
Juberulla Khan @ Juber (A- 03.11.2020
41) passed by the
Syed Arfath @ Arfath (A-42) said Court on an
Syed Shahbaz (A-45) application filed
Mubarak (A-11) by the
Arfath Pasha (A-51) respondent-
Fayaz (A-52) National Allowed on
11 Crl.A.640/2021 30.11.2020 Allowed
Nizamuddin (A-53) Investigating 10.06.2021
Mohammed Shafiq (A-54) Agency seeking
Syed Imtiyaz Ahmed (A-113) extension of time
Moahammed Sawood (A-114) for completion of
Mohammed Irfan (A-64) investigation and
Mohammed Roshan Inayath the order dated
(A-70) 05.01.2021
Syed Zibran (A-73) passed by the
Syed Safeer Ahmed (A-74) said Court
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
Syed Sameer Ahmed (A-75) rejecting the
Arbaaz Khan (A-118) applications filed
Sameer (A-79) by the petitioners
Syed Shabaz (A-119) under Section
Mohammed Arshad (A-80) 167(2)
Musthak Ahmed (A-120)
Mohammed Mudaseer
(A-122)
Sheik Ameen (A-126)
Syed Khalid (A-9)
Mudasir Ahmed (A-10)
Dicchi Mubrak (A-11)
Mohammed Tousif (A-12) Challenging bail Dismissed
12 Crl.A.582/2021 Shabaz M (A-13) rejection by NIA 24.05.2021 Dismissed on
Arif Pasha (A-14) Special Court 15.09.2021
Farooq (A-15)
Shameel Pasha (A-20)
Tanveer Khan (A-21)
Challenging bail Dismissed
13. Crl.A.576/2021 Syed Ikram Uddin (A-14) rejection by NIA 24.05.2021 Dismissed on
Special Court 15.09.2021
Not comply
of office
Challenging bail
objections.
14. Crl.A.1067/2020 Syed Khalid (A-8) rejection by NIA 05.11.2020 Dismissed
Dismissed
Special Court
on
05.02.2021
Wajid Pasha (A-4)
Praying to set
Afzal Basha (A-5)
aside the
Suhail Basha (A-6) Rejected on
15. WP.16167/2021 rejection order by 31.08.2021 Dismissed
Syed Khalid (A-9) 12.12.2021
NIA Special Court
Fairoz Pasha (A-19)
(Default bail)
Firdouse Khan (A-22)
Challenging bail Dismissed
16 Crl.A.1878/2022 Suhail Basha (A-6) rejection by NIA 17.10.2022 Dismissed on
Special Court 14.06.2023
Challenging order
of NIA Court
passed on
27.09.2021,
Allowed on
17 WP.19012/2021 Mujamil Pasha (A-1) rejecting the 21.10.2021 Allowed
06.06.2022
application filed
by the petitioner
under Section
207 of the Cr.PC.
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
Ateeq Ahmed (A-16)
Seeking 16, 17,
Shafi Khan (A-17) Dismissed
18, 23 & 24
18 Crl.A.814/2022 Shahid Pasha Vali (A-18) 28.04.2022 Dismissed on
seeking the relief
Tabrez (A-23) 19.07.2022
of bail
Abdul Baseer (A-24)
Allowed on
29.05.2024
Seeking medical
19 Crl.A.793/2024 Ateeq Ahmed (A-16) 10.06.2024 Allowed . Granted
bail for 90 days
60 days
medical bail
Firoz Pasha (A-19 in DJ Halli Challenging bail Dismissed
20 Crl.A.47/2024 case and A-1 in KG Halli rejection by NIA 04.01.2024 Dismissed on
Case) Special Court 15.02.2024
Petition urged
that A-54 is
minor and as Allowed on
21 WPHC. 80/2020 Shafiulla (A-54) 15.10.2020 Allowed
such his 09.02.2021
detention is
illegal.
Filed by A-6
Suhail Basha to
set aside Dismissed
22 Crl.A.1631/2023 Suhail Basha (A-6) impugned order 29.08.2023 Dismissed on
dated 10.02.2023 25.01.2024
IA filed to call
case diary
Syed Nawaz (A-35)
Irfan Pasha (A-43)
Roshan Jameer (A-44)
Syed Farman (A-46)
Athiq Ahmed (A-47)
Mohammed Tanveer
Criminal Petition Dismissed
(A-65)
is filed to quash Dismissed as
Tabrez Hussain (A-71)
23 Crl.P.5626/2022 the charge sheet 16.06.2022 as withdrawn
Thouseef Ahmed (A-76)
filed against withdrawn on
Ansar (A-82)
them 27.03.2025
Syed Dadapeer (A-86)
Mohammed Ifthekar (A-90)
Syed Salman @ Syed Mujahid
(A-93)
Imran Pasha (A-94)
Syed Altaf (A-97)
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NC: 2025:KHC:50025-DB
CRL.A No.1425/2025
HC-KAR
Thouseef (A-100)
Sikander (A-103)
Irfan (A-105)
Salman Khan (A-106)
Karim Pasha @ Lala
(A-107)
Mohammed Liyakath (A-108)
Syed Adnan (A-109)
Revision Petition
challenging the
Allowed on
24 RP.544/2023 Ateeq Ahmed (A-16) order in Writ 15.11.2023 Allowed
27.03.2025
Petition
No.9277/2021
17. The above statement clearly shows that the accused themselves are delaying the proceedings, strategically to make such delay a ground to seek bail. Examination of the earlier orders of the trial Court on the official website of the concerned Court shows that since 2021 though the matter was being posted for hearing regarding framing of charges, by filing one or the other applications, accused themselves are causing obstructions in achieving progress in the case. They further show that as one or the other accused did not appear on the appointed date, non-bailable warrants and proclamations were being issued by the trial Court. Applications for bail or discharge are being filed consecutively by individual accused instead of filing them collectively, though some set of accused are represented by common advocate. Other strategy is that they
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR keep changing advocates and changed lawyers seek adjournments. Therefore delay cannot be attributed either to the prosecution or the trial Court. The accused being themselves cause for delay, cannot be permitted to reap the benefit of their own mistake on ground of delay.
Reg. Parity:
18. Further, there is no dispute that similarly situated accused i.e. accused No.6 approached this Court in Crl.A.No.1631/2023 challenging rejection of his bail application. The same on hearing came to be dismissed by this Court on 25.01.2024. The said order has attained finality.
19. So far as the contention that some other accused have been granted bail, the trial Court has observed that those accused are not facing the allegations of commission of crime under UAP Act. Nothing is placed on record to show that the accused who were granted bail were also facing the charges under the provisions of UAP Act. So far as medical ground of the mother of the appellant, copy of the ration card produced by the appellant shows that she is living with her husband i.e. father of the appellant and five other siblings of the appellant. Thus there
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR is no merit in the contention that the mother is solely dependant on him.
Reg. Citations:
20. Perusal of all the judgments relied on by learned Counsel for the appellant shows that, in those cases bail was granted either on the ground of delay in trial or medical grounds of the accused. In the present case, appellant does not plead any of his medical ground. So far as the proposition laid down by the Hon'ble Supreme Court that bar of Section 43D(5) of UAP Act does not oust the ability of the Constitutional Courts to grant bail on the ground of violation of Part III of the Constitution, there cannot be any dispute. However, since the facts of the present case show that delay was on the part of the accused themselves, the said judgments relied on by learned Counsel for the appellant cannot be justifiably applied to the facts of the case on hand.
21. Mahatma Gandhi famously stated, "The true source of rights is duty. If we all discharge our duties, right will not be far to seek". His another related quote is 'Right is duty well performed". Appellant is seeking bail on the ground that his fundamental right to liberty under Article 21 of the Constitution
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR is violated. He gets that right when he adheres to his fundamental duties encapsulated in Article 51A of the Constitution.
22. For the purpose of this case, following fundamental duties under Article 51A (c)(e)(i) of the Constitution are relevant and the same read as follows:
"51A. Fundamental duties.- It shall be the duty of every citizen of India-
(a) to abide by the Constitution and respect its ideals and institutions, the National Flag and the National Anthem;
(b) ...............................................................................
(c) to uphold and protect the sovereignty, unity and integrity of India;
(d) ..............................................................................
(e) to promote harmony and the spirit of common brotherhood amongst all the people of India transcending religious, linguistic and regional or sectional diversities; to renounce practices derogatory to the dignity of women;
(f) ...............................................................................
(g) ..............................................................................
(h) ..............................................................................
(i) to safeguard public property and to abjure violence."
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NC: 2025:KHC:50025-DB CRL.A No.1425/2025 HC-KAR
23. Since there is prima-facie material to show that the appellant had indulged in vandalizing the police station, assaulted the police obstructed them from discharging their duties, caused them injuries, tried to damage the public properties, indulged in violence and denting harmony amongst the people on religious lines in breach of the above referred fundamental duties and accused themselves have delayed the proceedings, they cannot seek benefit of Article 21 of the Constitution. There is no merit in the contention that the impugned order of the trial Court is unsustainable. Hence the following:
ORDER The appeal is dismissed.
Sd/-
(K.S.MUDAGAL) JUDGE Sd/-
(VENKATESH NAIK T) JUDGE KSR List No.: 1 Sl No.: 1