Jaipur: Rajasthan High Court Saturday dismissed bail pleas of five men accused by the National Investigation Agency (NIA) of conspiring in the June 2022 killing of Udaipur tailor Kanhaiya Lal, holding that the agency’s material prima facie indicated their role and that the trial was moving ahead.A division bench of Chief Justice Sanjay K. Agrawal and Justice Sameer Jain rejected the appeals filed by Wasim Ali, Muslim Khan, Mohsin Khan, Mohammad Mohsin and Asif Hussain, and upheld the Special NIA Court’s orders dated Oct 9 and Nov 12, 2024, respectively, denying them bail.In strong observations on the nature of terrorism, the bench said: “Terrorism is not merely an assault on a physical body; it is a calculated, theatrical assault on the psychological sovereignty of the country.” It added that the objective of terrorism was to replace the “Rule of Law” with the “Rule of Fear.”The court said the alleged murder had to be examined not merely as an offence against an individual but “through the unyielding prism of national security.” It observed that the UAPA deals with criminal conduct that can transcend ordinary breaches of penal law and affect the sovereignty, integrity and security of the State.Kanhaiya Lal was murdered inside his shop in Udaipur on June 28, 2022. The NIA took over the probe and filed a chargesheet invoking provisions of the IPC and the Unlawful Activities (Prevention) Act (UAPA). Charges were framed against the accused in January and February 2024.The accused argued there was no direct evidence placing them near the shop before the attack and thus challenged reliance on call-detail records and disclosure statements, and sought bail citing prolonged incarceration of more than four years, invoking Article 21 and Supreme Court rulings on speedy trial given the likelihood of delay.Opposing the pleas, additional Solicitor General Raja Thakare, appearing for the NIA along with Special Public Prosecutor Sneh Deep Khyalia, said the prosecution material showed a pre-planned conspiracy in which each accused played an active role, including reconnaissance and sending photographs of Kanhaiya Lal to the main accused. The agency cited call records, video recordings and recoveries, including weapons, to back its claims.On the custody argument, the NIA pointed to the pace of the trial. The court recorded that proceedings were continuing day-to-day, the witness list had been cut from 180 to 89, and about 30 material witnesses had already been examined. In those circumstances, the bench said the case did not warrant intervention on the ground of prolonged detention.
