Long incarceration, slow trial: Delhi HC grants bail to two accused in NIA terror case

The Delhi High Court on Thursday (September 3, 2026) granted bail to two accused, Sobiya Aziz and Kamran Ashraf Reshi, in an alleged Jammu and Kashmir terror conspiracy case being investigated by the National Investigation Agency (NIA), citing their nearly five years of incarceration and the slow pace of the trial.

A Division Bench of Justices Navin Chawla and Ravinder Dudeja passed the order on appeals filed by Ms. Aziz and Mr. Reshi against the trial court orders rejecting their bail plea petitions.

The court noted that Ms. Aziz had remained in custody since October 22, 2021, and that only 21 of the 359 prosecution witnesses cited in the case had been examined. “Therefore, there is no chance of the trial concluding anytime soon,” the Bench observed.

“Keeping in view the fact that the appellant Sobiya Aziz has been in long incarceration of almost five 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 court said.

In Ms. Aziz’s case, the prosecution alleged that she was part of a larger conspiracy to wage war against India and to help and support terrorist activities. It further alleged that she was involved in providing shelter to active cadres of banned terrorist outfits.

The High Court said that although the prosecution could claim that there was some prima facie material to proceed against Ms. Aziz, she nevertheless had an “arguable case for grant of bail”.

In Mr. Reshi’s case, the court noted that he was arrested on October 20, 2021, when he was around 21-years old, and had also spent nearly five years in custody.

The prosecution alleged that two mobile phones and a threatening pamphlet were recovered from him. It further said that the contact book of one of the mobile phones contained numbers from Pakistan believed to belong to proscribed organisations threatening the sovereignty of the country. The prosecution also alleged that he had attended radicalising lectures.

The court, however, said, “Given the long period of incarceration of the appellant juxtaposed against the material alleged against him by the NIA, the appellant (Mr. Reshi) has been able to make out a case for being released on bail.”

The court accordingly directed the release of both Ms. Aziz and Mr. Reshi on bail, subject to the surrender of their passports. It said they cannot leave India without seeking prior permission of the trial court.

The accused have also been directed to use only one mobile phone or landline number during the trial, keep it switched on, and provide their residential address, contact details and email address to the investigating officer and the trial court.

They have further been directed to cooperate with the trial, appear before the trial court on every date unless exempted, and refrain from any conduct that could delay the proceedings.