The court had also pointed to the absence of any overt act connecting him to the alleged conspiracy.
Bhat was arrested on October 13, 2021. the trial court had held that there was insufficient material at that stage to substantiate certain allegations against him While granting him bail in May 2023. The NIA subsequently filed a charge sheet against him and other accused under various provisions of the Indian Penal Code and the UAPA. The court had also pointed to the absence of any overt act connecting him to the alleged conspiracy. The NIA challenged the bail order, arguing that the trial court had incorrectly assessed the evidence and conducted a mini-trial by considering individual pieces of material in isolation.
NEW DELHI: The Delhi high court dismissed the National Investigation Agency’s (NIA) appeal challenging the bail granted to Mateen Ahmed Bhat in a case involving an alleged larger terror conspiracy to spread terror and unrest in Jammu and Kashmir . A division bench of justice Navin Chawla and justice Arun Bhardwaj held that the trial court had duly considered the restrictions on granting bail under the Unlawful Activities (Prevention) Act (UAPA) and assessed whether the allegations against Bhat were prima facie true. The HC observed that the trial court’s bail order did not amount to a final assessment of the evidence or an order discharging the accused.