CRLA/989/2026 of Abdul Saleem Vs Union of India on 1 September 2026

1. Union of India, Rep By its Under Secretary, tVinistry of Home Affairs, Central Secretariat, New Delhi. 2 National lnvestigation Agency, Rep by Dy Superintendent of Police, National lnvestigation Agency, Hyderabad, IVlinistry of Home Affairs. ... Res pondents/Compla ina nt l.A. NO: 1 OF 2026 Petition under Section 430('1)of BNSS praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the Order dated 20.08.2026 Passed by the lV Addl. It/letropolitan Sessions Judge cum Spl. Court for NIA Cases at Hyderabad in Crl. lt4.P. No. 1399 of 2026, arising out of case in SPL SC No 01 of 2023 rn Crime No RC-03/2022IN IA/HYD, under Sections 1208, 153A of IPC & 13 (1) (b), 18, 18A, 188 Unlawful Activities (Prevention) Act, 1967 at Police Statron NIA Hyderabad, District Hyderabad by granting interim bail to the Appellant/Accused No.04 herein.

Counsel for the Appellant : Sri T Rahul Counsel for the Respondents: Sri P Vishnuvardhana Reddr,, Special Public Proseuctor for NIA The Court delivered the following: Judgment INTHE HIGH COURT FORT STATE OF ANGAN HE TEL AT HYDERABAI) THE HON'BLE SRI JUSTICE K. LAKSHMAN AND THE HON'BLE SMT. JUSTICE K. SUJANA CRIMINALAPPEAL No.9E9 f 2026 A o Between: Abdul Saleem DATE OF JUDGMENT: 01.09.2026 AND Appellant. U,nion oFIndia, rep. by its Under Secretary, Mrnrstry of Home Affairs, Central Secretariat. New Delhi and another. Respondents JUDGMENT (Per Hon'ble Sr Just ce K_Lakshnan) Heard Mr. T.Rahul, Iearned counsel for the appellant and Mr. p.Vishnuvardhana Reddy, leamed Special public Prosecutor for National Investigation Agency (for short, 'NIA') appearing for the respondents.

2. This appeal is preferred under Section 2l of National Investigation Agency Act, 200g challenging the Order, dated 20.08.2026, passed in Crl.M.p.No.1399 of 2026 in Spl'S.C.No.r of 2023, by the learned IV Additionar Sessions

Judge, Hyderabad (hereinafter referred to as 'Designated Court').

3. T'he appellant herein is accused No.4 in Spl.S.C.No.l of 2023. The offences alleged against him are punishable under Sections l20B and 153-A of the Indian Penal Code, 1860 and Sections 13(1Xb), 18, l8A and l88 of the Unlavrful Activities (Prevention) Act., 1961 (UAPA). He filed a petition vide Crl.M.P.No.1399 of 2026 in Spl.S.C.No.1 of 2023 seeking interim bail for a period of five days i.e., from 18.08.2026 to 22.08.2026 to perform and attend last rites, rituals and prayers for his deceased Aunt (chachi), who is the wilb cf his father's brother, both at his house and grave yard, situated at Jagtial

4. I/ide order dated 20.08.2026 in Cr1.M.P.No.l399 of 2026, learned Designated Court dismissed the said petition observing that the appellant was absconding for a period of eighteen (18) months. The NIA made repea-ed efforts to secure his presence, declared rewards worth Rs. l.00 lakhs and proclamation proceedings were also initiated against him. l'herelbre, there is every possibility of appellant absconding, in which event the leamed Designated Court may not be in a position to proceed with Spl.S.C.No.l of 2023- Leamed Designated Court further observed that the appellant herein failed to mention the relation between him and the deceased.

5. Mr. T.Rahul, learned counsel for the appellant, specifically contended that the appellant has to attend and perform the customary rituals of his chachi, more particularly, the 20th day ceremony, which is scheduled on 02'09'2026 at Jagtial. In proofofthe same, he has filed copies ofaadhar card and the ration card issued in favour of the deceased, paternal aunt (chachi).

6. It is the specific contention ofthe learned counsel for the appellant that the paternal uncle ofthe appellant is bed ridden and he has no male children. Therefore, the appellant has to attend and perform the customary rituals of his chachi. l. Whereas, Mr. P.Vishnuvardhana Reddy, learned Special Public Prosecutor for NIA, on instructions, although did not dispute the relation between the appellant and the deceased' he vehemently opposes the present appeal only cn the grounds that earlier the appellant was absconding for a period of eighteen (18) months, the NIA with a great difficulty apprehended him from a remote village of Kadapa District and there is every possibility of appellant abscon<ling, in which event learned Designated Court may not be in a position to proceed with Spl.S.C.No.1 of 2023

8. In the light of the above submissions, w.e are of the considered vieu that the leamed Designated (loun failed to consider the aforesaid aspects in the impugned order and therefore, the impugned Order, dated 20.08.2026, passed in Crl.M.P.No.1399 of 2026 in Spl.S.C.No.1 of 2C23, is liable ro be set aside and accordingly, the same is set asirle. Further, we are inclined to grant escort bail to the appellan,./accused No.4 for one day i.e., on02.09.2026 with the follorving directions:

i) The Superintendent, Central Prison, Cha;rchalguda, H-v-derabad, is directed to provide Jail Esr:ort to the appellant herein. He shall be taken from the jail at 06.00 A.M. tomorrow i.e., on 02.09.2026 to enable the appellant to attend and perform the 20'h day ceremony of his chachi at Jaglial. He shall be escorted by Jail Escort. The Jail Escort shall cooperate in this matter and it shall be the responsibility of the Jail Escort to ensure that the appellant shall travel to the places as stated. The Escort shall also take the help of local Police, in case, they find it necessary.

ii) The Jail Escort shall produce the appellant before the Superintendent, Central Prison, Chanchalguda, Hyderabad, tomorrow i.e., 02.09.2026 between 08.00 P.M. and 09.00 P.M.. During the said period, the Jail Escort shall keep a close watch on the appellant.

iii) The appellant shall not resort to commit any offence during the bail period.

iv) The appellant shall only be allowed to attend the aforesaid 20th day ceremony of his chachi on 02.09.2026.

9. With the aforesaid directions and observations, this appeal is partly allowed. As a sequel thereto, miscellaneous irpplications, if any, pending in this appeal shall stand closed. SD/- M.MANJULA JOINT REGISTRAR ,TRUE COPY' -- (- \''- \ SECTION OFFICER To, 1 . The lV Add itronal Sessions Hyclera ba d J udge cum Speci;rl Court for NIA Cases at

2. Union of. lndia Rep By its Under Secretary, l\4inrstry of Home Affarrs, Central Secretariat, New Delhi. 3 The Deputy Superintendent of porice, Nationar rn'estigation Agency. Nationar lnvestigatron Agency. Hyderabad, Minrstry of Hom- Affairs

4. The Superintendent, Central prrson, ChanchalgLrc a, Hyderabad (By Special Messenger) 5 Two CCs to the public prosecutor, High Court for the State of Telangana at Hyderabad (OUT) 6 The Secretary High court Legal Services Comnrittee, High court premises, Hyderabad 7 One CC to SRI T RAHUL, Advocate [OPUC] 8 Two CD Copies )u. .\t)Krc\K i

HIGH COURT DATED: 01t0912026

JUDGMENT

CRLA.No.989 of 2026 PARTLY ALLOWING THE CRLA a^t -s 1-A r€: (,. IJitl ,)1 SrP 2u$ \-)\'-, \ ', / \-,'.,' f F:; - : .ii._:_:::_; \ r C1 s! a