Background

The case concerns Mansoor Asghar Peerbhoy, an accused in the 2008 Delhi serial blasts that resulted in the deaths of 26 people and injuries to more than 130 others. The prosecution alleges that he played a significant role in facilitating the attacks through technical expertise and cyber operations.

Investigators claimed that an email claiming responsibility for the blasts was sent using an unsecured Wi-Fi network shortly before the explosions and that forensic evidence linked electronic devices recovered from the accused to the conspiracy.

Court's Analysis

A Division Bench comprising Justice Prathiba M. Singh and Justice Madhu Jain held that the allegations, the evidence placed on record and the statutory restrictions under the Unlawful Activities (Prevention) Act did not justify the grant of bail.

The Court observed that prolonged incarceration alone could not override statutory restrictions in terrorism-related prosecutions, particularly when the accusations appeared prima facie true.

National Security Considerations

The Bench distinguished the case from ordinary criminal prosecutions by emphasising the gravity of the alleged offences, the scale of loss of life and the appellant's alleged technical role within the banned organisation.

The Court also noted that the trial had reached its concluding stage and that releasing the accused at such a crucial juncture could adversely affect the proceedings.

Decision

The Delhi High Court dismissed the bail application and directed the Trial Court to complete the proceedings within the timeline prescribed by the Supreme Court.