Suspected Hizbul militant liyaqat Shah was granted bail by a city court which said the NIA’s investigation confirms that there is no substantial linkage regarding his involvement in the conspiracy to carry out terror attacks in the national Capital.
“No substantial evidence has come up against the present petitioner till date and the prosecution/NIA has failed to make out a prima facie case against the present petitioner/ accused till date,” District Judge IS Mehta said.
“Further, the NIA investigation also confirms the same that there is no substantial linking against the petitioner/accused being involved in conspiracy to commit terrorist attack on vital installations in Delhi till date,” he said.
While Delhi Police had claimed that with liyaqat’s arrest they had foiled a ‘fidayeen’ (suicide) attack here ahead of Holi, the J-K Police insisted that he was one of those who had ex-filtrated in 1990s and returned to India to surrender under the State’s rehabilitation policy.
Regarding the allegation by the Delhi Police that they had recovered arms and ammunition on the night of March 21-22, 2013 from a guest house in Jama Masjid area at liyaqat’s instance, the court said it was done in the absence of the accused. “The alleged recovery from the said room was made in the absence of the accused. The carrying out of the search without the knowledge and in absence of the present petitioner/accused creates doubt of petitioner/accused being involved in terrorist activities,” it said. The court granted him bail on furnishing a personal bond of Rs 20,000 with one surety of the like amount and also imposed some conditions on him, including that he would not leave the country without its prior permission.
“I find it a case to release the present petitioner/accused on bail. Accordingly, petitioner/accused is admitted to bail on his furnishing bail bond in the sum of Rs 20,000 with one surety of like amount with the conditions....The petitioner /accused shall not leave India without prior permission of this court. The petitioner/ accused shall not change his address village Dardpura, PS lalpora district Kupwara, Jammu and Kashmir without prior permission of this court...Shall mark his attendance in local police station on first day of each month till disposal of this case...Shall surrender his passport, if any, to NIA,” he said.
This is perhaps for the first time that an accused has been granted bail by the court in a case being investigated by the National Investigation Agency (NIA). Forty five-year-old liyaqat was arrested on March 20 by the special cell of Delhi Police while crossing the Indo-Nepal border in Gorakhpur with his family.