Ateeq Ahmed Vs National Investigation Agency

NATIONAL INVESTIGATION AGENCY, MINISTRY OF HOME AFFAIRS, REP. BY SPECIAL PUBLIC PROSECUTGOR, OFFICE AT HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BENGALURU-560001

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…RESPONDENT

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(BY SRI. PRASANNA KUMAR P, SPECIAL PUBLIC PROSECUTOR)

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THIS CRIMINAL APPEAL IS FILED UNDER SECTION 21(4) OF NATIONAL INVESTIGATION AGENCY ACT, 2008, PRAYING TO SET ASIDE THE ORDER DATED 30.07.2024 PASSED BY THE

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NC: 2026:KHC:7393-DB CRL.A No. 1482 of 2024

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HC-KAR

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HON’BLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE (SPECIAL JUDGE FOR TRIAL OF NIA CASES) (CCH-50), BENGALURU IN SPL.C.NO.152/2021 AT ANNEXURE-A AND CONSEQUENTLY APPRECIATE BAIL APPLICATION FILED BY THE APPELLANT AT ANNEXURE-B AND GRANT THE REGULAR BAIL TO APPELLANT/ACCUSED NO.16 IN SPL.C.NO.152/2021 UNDER SECTIONS 120B, 143, 145, 147, 188, 353 AND 427 R/W 34 AND 149 OF IPC, SECTIONS 16, 18 AND 20 OF UA(P) ACT, 1967, AND SECTION 2 OF THE PREVENTION OF DESTRUCTION AND LOSS OF PROPERTY ACT, 1981, PENDING IN THE FILES HONBLE XLIX ADDL. CITY CIVIL AND SESSIONS JUDGE, (SPECIAL JUDGE FOR TRIAL OF NIA CASES) (CCH-50), BENGALURU.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE H.P.SANDESH and

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HON'BLE MR. JUSTICE VENKATESH NAIK T

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ORAL JUDGMENT

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(PER: HON'BLE MR. JUSTICE H.P.SANDESH)

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Heard the learned counsel for the appellant and the learned Special Public Prosecutor for the respondent.

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The learned counsel for the appellant brought to the notice of this Court that earlier this Court rejected the bail petition of accused Nos.15, 20 and 21 and this appellant is also similarly placed and being aggrieved by the order of this Court, an appeal is filed before the Apex Court. The learned counsel

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HC-KAR

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brought to the notice of this Court by filing a memo, granting of bail by the Apex Court in respect of accused Nos.15, 20 and 21 and similar allegation was made against this appellant also. The learned counsel seeks the relief of granting of bail to this appellant also in view of the Apex Court granting the bail to the similarly placed accused i.e., accused Nos.15, 20 and 21. The learned counsel brought to the notice of this Court the order passed by the Apex Court in Crl.A.No.510/2026 arising out of SLP (Crl.) No.18992/2025, wherein the Apex Court has made an observation that there are two sets of orders governing accused persons pertaining to the same incident. In one case, this Court was pleased to grant bail to a similarly placed accused person while in the other case, this Court refused to grant. However, the fact remains that the order of dismissal was passed nearly one year back. Taking into consideration the above fact, we are inclined to grant bail to the appellant i.e., in respect of accused No.15. Similar order was passed by the Apex Court in Crl.A.No.506/2026 arising out of SLP (Crl.) No.20502/2025 in respect of accused No.20. The learned counsel also brought to the notice of this Court Crl.A.No.507/2026 arising out of SLP (Crl.) No.19482/2025 and

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HC-KAR

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submits that accused No.21, who is also similarly placed as that of accused No.16 was granted bail.

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Per contra, the learned Special Public Prosecutor appearing for the respondent would submit that this appellant is already on bail on medical grounds. The learned counsel would submit that interim bail was granted till disposal of this appeal. The learned counsel brought to the notice of this Court the earlier rejection order passed by this Court in Crl.A.No.1425/2025 dated 02.12.2025 and submits that the reasons given for rejection earlier is different.

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Having heard the learned counsel for the appellant

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and the learned Special Public Prosecutor appearing for the respondent and considering the material on record, the charges levelled against accused Nos.15, 20 and 21 is similar to that of accused No.16 i.e., the present appellant and no difference of collection of material against this accused. When the Apex Court has granted bail to a similarly placed accused is concerned and also an observation is made that earlier rejection was one year back, but subsequently, the order was

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HC-KAR

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passed and when such being the case, on the ground of parity, this appellant is also entitled for grant of bail.

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In view of the discussions made above, we pass the

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following:

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ORDER

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The appeal is allowed. Consequently, the appellant shall be released on bail in connection with Spl.C.No.152/2021 for the offences punishable under Sections 120B, 143, 145, 147, 188, 353 and 427 read with Sections 34 and 149 of IPC, Sections 16, 18 and 20 of the Unlawful Activities (Prevention) Act and Section 2 of the Prevention of Destruction and Loss of Property Act, subject to the following conditions:

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(i) The appellant shall execute a personal bond for a sum of Rs.1,00,000/- (Rupees One Lakh only) with two sureties for the like-sum to the satisfaction of the Trial Court.

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(ii) The appellant shall not indulge in tampering the prosecution witnesses.

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(iii) The appellant shall not leave the jurisdiction of the Court without prior permission till the disposal of the case.

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NC: 2026:KHC:7393-DB CRL.A No. 1482 of 2024

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HC-KAR

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(iv) The appellant shall cooperate with the Trial Court in disposal of the case by regularly appearing before the Court and exemption is only to the satisfaction of the Trial Court.

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Sd/(H.P.SANDESH) JUDGE

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Sd/(VENKATESH NAIK T) JUDGE

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MD List No.: 1 Sl No.: 5

Ateeq Ahmed v. National Investigation Agency

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Ateeq Ahmed v. National Investigation Agency

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