Jagtar Singh Johal @ Jaggi v. National Investigation Agency
The Delhi High Court granted bail after more than eight years of custody, considering the slow progress of trial, the substantial number of witnesses remaining and other case-specific circumstances. The Court examined Article 21 of the Constitution alongside Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967, and held that foreign nationality alone could not justify continued detention where flight risk could be addressed through conditions.
Legal Issue
Whether the appellant should be granted bail in prosecutions under the Unlawful Activities (Prevention) Act, 1967, considering his incarceration exceeding eight years and the absence of a realistic prospect of early completion of trial.
The Court examined the relationship between the restrictions on bail under Section 43D(5) of the UAPA and the protection of personal liberty and speedy trial under Article 21 of the Constitution.
It also considered whether foreign nationality, apprehended flight risk and allegations of witness intimidation justified continued detention, and what relevance an unchallenged acquittal involving similar allegations had to the bail assessment.
Brief Facts
Jagtar Singh Johal @ Jaggi, a foreign national, faced several NIA prosecutions arising from allegations of participation in a conspiracy connected with targeted killings in Punjab. The prosecutions involved offences under the UAPA, the Indian Penal Code and the Arms Act. He challenged the trial court’s orders refusing bail through seven connected criminal appeals before the Delhi High Court.
An earlier High Court judgment had dismissed five appeals on limitation and two on merits. On 15 July 2026, the Supreme Court set aside that judgment and remitted the matters for fresh consideration on merits.
By the time of the present decision, the appellant had spent more than eight years in custody. Only 40 witnesses had been examined, while another 123 remained, including approximately 63 witnesses common to the prosecutions. The trial had not meaningfully accelerated despite earlier Supreme Court directions, and even the protected witnesses’ testimony had not been recorded.
The appellant relied upon an acquittal dated 4 March 2025 by a court in Moga in a prosecution involving similar allegations. That acquittal rested both on deficiencies in sanction under Section 45(2) of the UAPA and on merits, and had not been challenged when the High Court considered the bail appeals.
Held / Decision
The Delhi High Court set aside the impugned trial court orders and directed the appellant’s release on bail in the prosecutions covered by the appeals, subject to conditions.
The decision rested on the cumulative circumstances, particularly the lengthy incarceration, limited progress of trial, substantial remaining evidence and the persuasive value of the earlier acquittal involving similar allegations.
The Court held that the appellant’s liberty could not be curtailed merely because he was a foreign national. Appropriate bail conditions could address the apprehension of flight. On witness intimidation, no document had been produced connecting the alleged threats to the appellant or showing that they had been made at his instance.
The principal conditions included a personal bond of ₹5 lakh, with two sureties of the same amount each; surrender of his passport, or an affidavit stating that he did not hold one; disclosure of his address and contact particulars, with seven days’ prior written notice of changes; attendance before the trial court unless exempted; cooperation with proceedings and no conduct delaying the trial; no contact with, influence upon or threats to prosecution witnesses, protected witnesses or other persons acquainted with the case; no tampering with evidence or public statements concerning the merits, evidence, witnesses or pending trial; compliance with restrictions concerning public order and dissemination of anti-national material; and reporting to the investigating officer every fortnight, or at intervals directed by the trial court.
The prosecution could seek cancellation of bail upon breach of any condition. The bail order did not determine the appellant’s guilt or terminate the prosecutions.
Important Observations
Full Headnote
Legal Significance
The judgment illustrates the application of Article 21 to prolonged pre-trial detention in prosecutions governed by Section 43D(5) of the UAPA.
Its importance lies in the Court’s assessment of several circumstances together: lengthy custody, the realistic timeline for completion of trial, an earlier acquittal involving similar allegations, and the evidence supporting apprehensions about release.
It is particularly relevant to bail applications involving foreign nationals because it distinguishes nationality from an individually assessed flight risk and demonstrates the use of conditions to secure attendance.
The ruling also clarifies the limited relevance of an acquittal in another prosecution: it may influence the bail assessment without conclusively resolving the pending charges.
The decision is a fact-specific grant of bail, rather than a rule requiring release in every UAPA prosecution after a prescribed period of detention.