Suman Shaikh Zakir @ Zakir @ Saudi Zakir vs. The National Investigation Agency

ITEM NO.1 COURT NO.2 SECTION II-C

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.) No. 17376/2024

[Arising out of impugned judgment and order dated 26-09-2024 in CRA No. 1055/2024 (21 NIA) passed by the High Court of Karnataka at Bengaluru]

SUMAN SHAIKH ZAKIR @ ZAKIR @ SAUDI ZAKIR Petitioner(s)

VERSUS

THE NATIONAL INVESTIGATION AGENCY Respondent(s)

(FOR ADMISSION and I.R.)

Date : 20-05-2025 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SURYA KANT HON'BLE MR. JUSTICE NONGMEIKAPAM KOTISWAR SINGH

For Petitioner(s) : Mr. Rauf Rahim, Sr. Adv. Ms. Siddiqa Aisha, Adv. Mr. Rahamathulla Kothwal, Adv. Mr. Adeel Ahmed, AOR Mr. Ali Rahim, Adv.

• Mr. Atul Yadav, Adv.
• For Respondent(s) : Ms. Aishwarya Bhati, A.S.G. Ms. Sonali Jain, Adv. Mr. Chitrangda Rashtravara, Adv. Ms. Shagun Thakur, Adv. Mr. Rajeshwari Shankar, Adv. Mr. Abhinav Mishra, Adv. Mr. Arvind Kumar Sharma, AOR

UPON hearing the counsel the Court made the following

O R D E R

1. The petitioner seeks enlargement on bail in FIR RC-01/2023/NIA/BLR registered by the National Investigation Agency (NIA) under Sections 120B, 370, 465 and 471 of the Indian Penal Code, 1860 (for short, the "IPC") as well as under Section 18 of the Unlawful Activities (Prevention) Act, 1967 (for short, the "UAPA"). The allegations are that the petitioner is a Bangladeshi national, who entered India illegally 15 years ago and, after fraudulently obtaining identity documents for himself, he started helping other Bangladeshi nationals to enter India illegally. The petitioner, thus, is stated to be a key player in a transnational human trafficking scam based in Assam, Tripura, and Bangladesh.

2. The case of the petitioner, on the other hand, is that he is an Indian national; was born in Rae Bareli (Uttar Pradesh); and has set up a small industrial unit in Bangalore more than 15 years back, where some of the workers, who have been employed from time to time, were statedly found out to be Bangladeshi.

3. The petitioner was arrested on 21.12.2023. During this period, the investigation was completed and chargesheet has been filed under Sections 120B and 370 of the IPC, Sections 14, 14 (A) (b) and 14(C) of Foreigners Act along with Section 3 of the Passport (Entry into India) Act, 1920 read with the corresponding 1950 Rules. However, the charge under Section 18 of UAPA was dropped against the petitioner.

4. The prosecution proposes to examine about 104 witnesses. The deposition of witnesses is yet to commence. The conclusion of trial will, thus, take some reasonable time.

5. The petitioner who has an industrial establishment in

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Bangalore does not seem to be a flight risk. In the given circumstances, his indefinite incarceration might not serve any fruitful purpose. We are, therefore, of the view that the petitioner can be enlarged on bail at this stage, without expressing any opinion on merits of the case. However, while doing so, some stringent conditions need to be imposed.

6. Consequently, it is directed that the petitioner be released on bail subject to his furnishing bail bonds to the satisfaction of the trial court. The petitioner shall, in addition to the conditions that may be imposed by the trial court, be required: (i) to visit the office of the NIA in Bangalore once in a week to enable the Agency to ascertain his whereabouts; (ii) the petitioner's passport shall remain seized with the trial court; (iii) the petitioner shall submit a list of all the employees/workers working in his industrial unit to the NIA along with identity proofs, and in the event of relieving or new engagement of an employee, he shall furnish the relevant particulars to the NIA within 24 hours; and, (iv) the petitioner shall not leave the State of Karnataka without prior permission of the NIA.

7. The Special Leave Petition stands disposed of, in the above terms.

8. Pending application(s), if any, shall also stand disposed of.

(NITIN TALREJA) (PREETHI T.C.) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

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