No Chance Of Trial Ending Soon: Delhi High Court Grants Bail To Two Accused In ISJK-Linked Terror Conspiracy Case After Nearly Five Years In Custody

Setting aside the trial court's orders rejecting bail, the Bench held that with only 21 of 359 cited witnesses examined in one case after nearly five years, and no indication of an expedited trial, continued detention could not be justified merely on the gravity of the allegations, particularly where the roles attributed to the accused, on a prima facie assessment, did not disclose operational participation in terrorist violence.

A Division Bench comprising Justice Navin Chawla and Justice Ravinder Dudeja observed, “As far as the long period of incarceration pending trial acting as a ground for grant of bail is concerned, we have already summarised the law herein above. In the present case as well, the appellant has already suffered a long period of custody of almost 5 years pending trial. There is no chance of the trial ending soon”.

“Having perused the above material, we find that though the prosecution may say that there is some prima facie material to proceed against the appellant, however, in our view, the appellant still has an arguable case for grant of bail…Keeping in view the fact that the appellant Sobiya Aziz has been in long incarceration of almost 5 years; is a lady; is suffering from various ailments; and the trial is not likely to conclude anytime soon, we are of the opinion that the appellant is entitled to be released on bail”, the Bench noted.

Advocate Kartik Murukutla appeared for the appellant and Amit Tiwari, Special Public Prosecutor appeared for the respondent.

In the matter, an FIR registered by the National Investigation Agency alleging a conspiracy by cadres of Lashkar-e-Taiba, Jaish-e-Mohammed, Hizb-ul-Mujahideen and affiliated frontal organisations to wage war against India, recruit and radicalise local youth, and carry out terrorist acts in Jammu & Kashmir and other Indian cities.

Kamran Ashraf Reshi, arrested on October 20, 021 at the age of around 21, was alleged to have been associated with online propaganda groups linked to frontal organisations of proscribed outfits, including The Resistance Front, and to have been in contact with Pakistan-based handlers, including an LeT commander identified as "Haq Parast @ Abu Hamza".

He was further alleged to be connected to one Ashraf Mallah, an active Hizbul Mujahideen terrorist, and to have attended radicalising lectures by a cleric at a local mosque. Incriminating material, including posters linked to terrorist offshoots "Kashmir Janbaaz Force" and "Al-Jihad," was seized from his premises. His counsel, however, contended that there was no direct evidence linking him to the Telegram group cited by the prosecution, no proof of dissemination of extremist material, and that the case against him was "predominantly digital and non-violent in nature."

Appellant in another connect appeal, Sobiya Aziz, sister of a slain militant, was arrested on October 22, 2021 after diaries containing Jihadi content and an Islamic State flag were allegedly recovered from her residence.

During the investigation, several diaries containing handwritten notes relating to the establishment of Shariat Law, Islamic State ideology, and other Jihadi content were recovered from Sobiya Aziz's residence. An Islamic State flag was also seized from her possession, which the prosecution cited as evidence of her inclination toward extremist ideology. Her handwriting samples were subsequently sent for forensic examination to match them against the recovered diaries. Additionally, the prosecution relied on her disclosure statement, the disclosure statement and explanatory memorandum of co-accused Bilal Ahmed Mir, and witness testimony alleging that she assisted in the transportation of an active terrorist, Zahid Das, to Srinagar.

As per the medical report dated August 20, 2026 submitted by the Superintendent, Central Jail No. 6, Tihar, in compliance with the Court's earlier directions, Sobiya Aziz was reported to be a follow-up case of chronic headache (on and off), moderate anemia, uterine fibroids with abnormal uterine bleeding, recurrent urinary tract infection, and left thyroid nodules. While the report noted that her vitals were stable and that she was being regularly monitored by jail-visiting specialists and doctors from AIIMS Hospital and given prescribed medication, the Court took into account that she was, admittedly, suffering from multiple ailments while assessing her plea for bail.

Aziz's second bail application was dismissed on merits by the trial court on February 03, 2023, and her third application was dismissed by the impugned order dated May 14, 2026. Kamran Ashraf Reshi's bail application was rejected by order dated March 17, 2023. Both appellants approached the Delhi High Court under Section 21(4) of the NIA Act.

Tracing the evolving jurisprudence on the interplay between Article 21 and Section 43D(5) of the UAPA, the Bench relied extensively on the Supreme Court's judgments in Union of India v. K.A. Najeeb, Gulfisha Fatima v. State, and Syed Iftikhar Andrabi v. NIA, noting that the statutory rigour "will melt down where there is no likelihood of trial being completed within a reasonable time".

Consequentially, both appellants were directed to be released on bail subject to stringent conditions, including personal bonds of Rs. 2,00,000 each with two sureties, surrender of passports, restrictions on travel without court permission, use of a single monitored mobile number, a prohibition on contacting or influencing witnesses, a bar on public statements concerning the case, a bar on joining social media groups circulating "anti-national material," and fortnightly reporting to the Investigating Officer.

Cause Title: Kamran Ashraf Reshi v. National Investigation Agency and Sobiya Aziz v. National Investigation Agency (Neutral Citation: 2026:DHHC:7447-DB)

Appearances:

Appellant: Kartik Murukutla and Abu Bakr Sabbaq, Advocates, for appellant Kamran Ashraf Reshi; Kartik Venu, Arjan Ajai Singh Chonker, R. Jude Rohit, Agrim Tandon and Alisha Sharda, Advocates, for appellant Sobiya Aziz.

Respondent: Amit Tiwari, Special Public Prosecutor, Ayushi Srivastava, Kushagra Malik, Arpan Narwal and Ujjwal Tyagi, Advocates.

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