The Delhi high court on Tuesday refused to release Jasir Bilal Wani, alleged co-conspirator in the Red Fort bomb blast case, on default bail.
“The appellant is not entitled to default bail after 90 days, merely because there is no reference to section 187 of BNSS [Bharatiya Nagarik Suraksha Sanhita] in section 43D of the UAPA [Unlawful Activities (Prevention) Act]. The reference to section 167 CrPC [Code of Criminal Procedure] has to be construed as section 187 of the BNSS, in terms of section 8(1) of the General clauses act. The appeal is liable to be dismissed. Though appellant is not entitled to default bail, he is free to avail other remedies,” a bench of justices Prathiba M Singh and Vikas Mahajan said.
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A detailed copy of the verdict is awaited.
{{/usCountry}}A detailed copy of the verdict is awaited.
{{/usCountry}}Wani approached the high court against trial court’s March 30 order rejecting his default bail. Wani sought default bail on the ground that prescribed period of investigation had already lapsed.
Wani, a student of Government Degree College Levodara in Kulgam, J&K, was initially picked up by the state police from Qazigund in Anantnag district along with his uncle, and was formally arrested by the Jammu and Kashmir police and handed over to the National Investigation Agency (NIA) in November last year.
NIA said that Wani allegedly provided technical support for carrying out terror attacks by modifying drones and attempting to make rockets ahead of the bomb blast.
Wani was a neighbour of brothers Adil and Muzaffar Rather, two doctors who are allegedly part of the terror module behind the Red Fort blast. While Muzaffar is believed to be in Afghanistan at present, his younger brother Adil was arrested in Saharanpur in Uttar Pradesh.