2008 Delhi serial bomb blasts: HC dismisses accused’s plea against order denying bail

A division bench of Justice Suresh Kumar Kait and Justice Shalinder Kaur said, “In the considered opinion of this court, the allegations against the appellant (Nisar) and the role attributed to him does not persuade this court to release the appellant on bail.”

The bench noted that the trial court had, while framing the order on charge in 2011, taken note of the “role attributed” to Nisar and had observed that he allegedly went to Gaffar Market, Karol Bagh, along with other accused on September 3, 2008, for “identifying the spot to plant IEDs”.

The trial court, while framing charges, had said Nisar, “in conspiracy with other accused persons, conducted a recce of the location for planting bombs to cause maximum damage in terms of loss of life and damage to property”. While rejecting Nisar’s bail plea, the trial court had held that no person accused of an offence punishable under Chapters 4 and 6 of the UAPA can be released on bail unless the court is of the opinion that the accusation against the accused is “prima-facie not true”.

The bench then observed, “The settled proposition of law, that at the time of grant or refusal of bail, each case has to be seen on its own facts and the role of accused has to be considered individually, especially in cases where a larger conspiracy is involved.”

The bench noted that the prosecution had alleged Nisar, who was working as a recruitment assistant in a company in Nehru Place, used to “regularly visit flat No. 108, L-18 Batla House, Delhi, for the conspiracy of 13.09.2008 Delhi serial bomb blasts and assisted his associates in making IEDs”. At the time of planting the IEDs in Delhi on September 13, 2008, he was assigned the “task to be present at the flat… on 13.09.2008 to keep the flat open and keep mobile phones of his associates with the instructions to attend all calls made on their phones so they could bluff the investigation agencies by positioning their mobile phones at the location of Batla House, Delhi and not at the place of crime.”

However, after noting that Nisar had been behind bars since 2008, the bench directed the trial court to conclude the trial by taking it up at least twice a week.

The prosecution had alleged that on September 13, 2008, serial bomb blasts occurred at different places in the national capital – Karol Bagh, Connaught Place and Greater Kailash — resulting in the death of 26 persons and causing injury to 135 persons besides destruction of property. Additionally, three live bombs were also detected and defused. On the same day, terrorist organisation Indian Mujahideen took responsibility for these serial blasts by sending e-mails to various electronic and print media; it also mentioned that the blasts in Jaipur, Rajasthan, on May 13, 2008, and Ahmedabad, Gujarat, on August 26, 2008, were organised by them.
A coordinate bench of Justice Kait and Justice Manoj Jain dismissed a plea by another accused, Mansoor Asghar Peerbhoy, against the trial court order denying him bail.