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Synopsis

The Nagpur Bench of the Bombay High Court denied bail to Jaish-e-Mohammad (JeM) operative Rayees Ahmad Sheikh. The bench, comprising Justice Nitin B. Suryawanshi and Justice Pravin S. Patil, pronounced the decision on March 21, 2025. However, a detailed order is still awaited.

This bail application was filed on March 11, challenging the order of the trial court rejecting his bail application, while he remained lodged in Nagpur Central Jail.

According to the prosecution, Sheikh had planned to conduct a reconnaissance of the RSS headquarters in the Mahal area of Nagpur but failed to do so. His bail application, filed through Advocate Nihalsingh Rathod, argued that there was no evidence linking him to any unlawful activity. His defense further contended that his actions did not fall under the purview of the Unlawful Activities (Prevention) Act (UAPA).

Government Pleader Senior Advocate Devendra Chauhan countered this argument, stating that substantial material demonstrated Sheikh’s association with the banned terrorist organization JeM. He asserted that Sheikh's activities were preparatory actions for a future terrorist attack and thus constituted a terrorist act under the UAPA. GP Chauhan emphasized that preparatory actions, even without an immediate outcome, fell within the legal definition of a terrorist act.

GP Chauhan further highlighted inconsistencies in Sheikh’s visit to Nagpur, noting that he had no relatives or business interests in the city. Statements from autorickshaw drivers and hotel staff supported the prosecution’s case. Additionally, call data records indicated that Sheikh had made calls outside the country.

The court considered the evidence gathered by the Jammu and Kashmir police and intelligence agencies, which confirmed Sheikh’s reconnaissance activities. The police investigation revealed that Sheikh initially intended to survey the six lanes leading to the RSS headquarters. However, due to a significant security presence, he refrained from entering the area. Following the collection of substantial evidence, a case was registered against Sheikh at Kotwali police station under relevant sections of the UAPA.

For Petitioner: Advocate Nihalsing B. Rathod
For Respondent: Government Pleader Senior Advocate DV Chavhan with Additional Public Prosecutor Amit Chutake
Case Title: Rayees Ahmad Sheikh v State (CRIMINAL APPEAL NO. 91 OF 2024)
[Inputs: ANI and The Week]