Excelsior Correspondent
JAMMU, May 2: The Special Judge NIA Cases, Jammu, Prem Sagar has rejected the bail application of accused Mubashir Maqbool Mir, facing trial in a terror conspiracy case registered by the National Investigation Agency under the Unlawful Activities (Prevention) Act, Arms Act and Explosive Substances Act.
The bail plea was moved in the case titled National Investigation Agency Versus Waheed Ul Zahoor and Others, arising out of RC-06/2024/NIA/JMU, wherein the applicant is accused of having provided financial assistance and logistical support in furtherance of militant activities.
The applicant was represented by Advocate Mohd Saleem Parray while G S Charak, Special Public Prosecutor, appeared for the NIA.
The defence argued that the accused had been falsely implicated and that there was no independent or corroborative evidence linking him to any terrorist activity. It was also submitted that the allegations were primarily based on material allegedly collected during investigation and that no recovery had been made from the applicant.
Opposing the plea, the NIA contended that there was a statutory bar under Section 43-D(5) of the UAPA and that the material collected during investigation disclosed a prima facie case against the accused. The prosecution alleged that WhatsApp chats and digital material reflected transfer of money on the directions of a Pakistani national accused and that the funds were allegedly routed to other accused persons involved in militancy-related activities.
The court observed that, at the stage of bail in UAPA cases, it is not required to conduct a detailed appreciation of evidence or a mini-trial. The court held that the material on record indicated the applicant’s involvement in furtherance of conspiracy and that release at this stage could create a likelihood of influencing key witnesses.
The court further noted that the trial was already underway after framing of charges on July 28, 2025, and that witnesses were being examined. It held that delay in trial, particularly in cases involving serious offences under special statutes, cannot by itself be a ground for bail when prima facie material exists.
Rejecting the application, Special Judge held that keeping in view the nature and gravity of the offences and the larger interest of the State/UT, the applicant was not entitled to bail at this stage.
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