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Delhi High Court denies bail to Naval Kishore Kapoor in J&K terror funding case

The Delhi High Court has dismissed the bail petition of one Naval Kishore Kapoor, booked under the Unlawful Activities (Prevention) Act in connection with a terror funding case in Jammu and Kashmir.

The Bench of Justice Navin Chawla and Justice Shalinder Kaur noted that there were reasonable grounds to believe that the allegations against the Appellant were prima facie true.

Evidentiary material showed that the Appellant, along with accused no. 10 (Zahoor Ahmad Shah Watali), aided and abetted the flow of funds from fake and bogus companies floated in UAE to channelise the same to secessionists and separatists in Kashmir valley, it added.

Kapoor moved the High Court challenging a trial court order that denied him bail.

The National Investigation Agency (NIA) had arrested Kapoor in July 2018. He was accused of being part of a larger criminal conspiracy to disrupt peace in the Kashmir valley by collecting funds through illegal channels for the purpose of funding terrorist activities.

NIA started probe in the case in 2017.

The Bench observed that the facts and circumstances showed that Kapoor was part of a larger conspiracy, in collaboration with several terror organisations and assistance from funding raised by them through illegal means, tried to further terrorist and secessionist activities in Jammu and Kashmir.

The High Court further took note of the fact that the Supreme Court had rejected the bail of co-accused Watali on the grounds that the allegations against him were prima facie true.

It also took into consideration the possibility of Kapoor fleeing from clutches of law.

If Kapoor was granted bail, he may influence the witnesses or tamper with evidence, noted the Bench.

It observed that under UAPA, rigours for granting bail were stricter in cases where charges have already been framed.

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