Special NIA court grants bail to accused in case linked with Lawrence Bishnoi, BKI

New Delhi [India], August 14 (ANI): A special National Investigation Agency (NIA) in New Delhi recently granted bail to Yudhvir Singh alias Sandhu, who is an accused in a case linked with Lawrence Bishnoi and Babbar Khalsa International under the Unlawful Activities (Prevention) Act.
This case pertains to allegations involving a conspiracy hatched by members of Babbar Khalsa International and the Lawrence Bishnoi gang based in India and abroad. It is alleged that they are raising funds, recruiting youth to carry out terrorist acts in the Union Territory of Delhi and other parts of the country.
Special Judge (NIA) Chander Jit Singh granted bail to Yudhvir Singh alias Sandhu, subject to furnishing a bail bond of Rs 2 lakh and two sureties in the like amount, including other conditions.
The chargesheet(s) filed against all the accused of this case mention the details of their previous involvement in other criminal cases. About the accused, either in the charge-sheet or in the reply filed by NIA to the present application, it has not been reported that the accused is involved in any case other than the present matter," the court said in its order on August 12.
"The material, including statements and documents cited by NIA, as well as being part of the record, has been perused and evaluated on the established principle laid down for adjudicating the plea of bail in cases involving offences punishable under UA(P)A," the order added.
The court held that the discussion in the backdrop of settled law shows that the accused has been successful in crossing the bridge of limitation laid down in Section 43(d)(5) of UA(P)A.
"Hence, as a sequel to the above discussion, the present application seeking admission of the accused in bail is allowed subject to furnishing of bail bond in the sum of Rs 2 lakhs with two sureties of equal amount who shall be family members of the applicant," the court said in its order on August 12.
Advocate Rajiv Mohan appeared for Yudhvir Singh. He argued that the investigation conducted by the prosecuting agency was full of gaps and lacunae, which were sought to be filled by submitting a chargesheet containing broad allegations against the accused of conspiring to commit a terrorist act in furtherance of a terrorist organisation with absolutely no corroborative evidence in support.
It was also contended that the prosecution relies solely on the disclosure statement of the co-accused person, with no other independent material or witness present in the current charge sheet."This absence means there is no evidence linking the accused to the alleged Lawrence Bishnoi gang and its conspiracy, the subject matter of the investigation."
Counsel Rajiv Mohan further argued that there is no evidence on record to demonstrate that the accused committed any act constituting a criminal offence under the provisions of the Indian Penal Code or any other law.
It was also argued that in the absence of any material evidence or specific facts establishing the essential ingredients of the alleged offences, it is evident that no prima facie case is made out against the accused.
It was also submitted that there is no evidence to corroborate that the accused was conspiring with these gangs or recruiting youth members for them.
Defence counsel also argued that in order to say that an act falls under the gamut of section 120 B IPC, the prosecution has to establish that the accused has either assented to do an illegal act or a legal act via unlawful means.
The allegations of managing the illegal money of the Lawrence Bishnoi gang are not supported by coherent and pragmatic evidence. In the absence of any concrete evidence establishing an alleged meeting of minds between the accused and the co-accused persons is baseless and without merit, the counsel added.
The NIA contended that present case involves a conspiracy hatched by members of Babbar Khalsa International and Lawrence Bishnoi gang based in India and abroad and are raising funds, recruiting youth to carry out terrorist acts in the Union Territory of Delhi and other parts of the country and executing heinous crimes including but not limited to targeted killings of prominent persons, with an intention to strike terror in the minds of the people of the country.
It was also argued that during the investigation of the case, 17 accused persons were arrested on various dates and from various locations in the country.
The present accused was charge sheeted by the second Supplementary Chargesheet, including four other accused persons, on November 11, 2023.
The NIA also argued that the accused Yudhvir Singh was an important member of the criminal syndicate of the Lawrence Bishnoi gang and Babar Khala International. He was controlling, abetting and directing the terrorist, unlawful and criminal activities of the gang by active participation.
The agency also said that the accused was a key member of the Lawrence Bishnoi gang and played a pivotal role in arranging and providing shelter and support to other gang members, and had been providing weapons to the Lawrence Bishnoi gang, as he has excellent knowledge about arms and ammunition.
It also said that the knowledge of the accused about arms and ammunition was used for purchasing and smuggling weapons from India and abroad. "He is a habitual offender and has been implicated as an accused in several criminal cases pending before various courts." (ANI)