MP High Court Grants Bail to Three Accused in NIA Case, Rules Islamic Literature Alone Isn’t Incriminating

Bhopal: In a significant legal development, the Madhya Pradesh High Court has granted bail to three individuals—Sheikh Junaid, Mohammad Wasim, and Mohammad Karim—who were arrested by the National Investigation Agency (NIA). The case, which dates back to May 2023, involved allegations of links with the banned organization Hizb ut-Tahrir.

The three men were part of a larger group of 17 people arrested from Bhopal and other areas of Madhya Pradesh during a crackdown by the NIA. Following the arrests, the investigative agency had filed a chargesheet before a special court.

The accused approached the High Court seeking relief after a trial court refused to quash the First Information Report (FIR) registered against them.

A division bench, comprising Justices Vivek Agarwal and R C Singh Bisen, presided over the hearing. During the proceedings, the counsel representing the applicants, Advocate Alok Bagrecha, strongly argued that the prosecution’s case lacked substance.

The defense emphasized that the only items recovered from the accused were photocopies of Islamic literature, which in itself does not constitute incriminating material.

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Furthermore, the defense pointed out that the men were implicated primarily based on a memorandum statement given by a co-accused, Yasir Khan. A forensic analysis of the seized mobile phones belonging to Junaid, Wasim, and Karim failed to produce any evidence proving their membership in the banned outfit.

On the other hand, the prosecution opposed the bail plea, arguing that witness statements suggested the accused harbored radical views and were prepared to engage in unlawful activities.

After evaluating the arguments, the High Court bench decided to grant bail to the three men, albeit with strict conditions. The court directed the applicants to surrender their passports immediately.

Additionally, they are required to furnish the details and local addresses of four family members. The court firmly stated that the accused must not leave the country without obtaining prior permission from the trial court and made it mandatory for them to appear before the trial court on every scheduled date of hearing.