New Delhi: 11 suspected ISIS operatives, arrested from across the country for allegedly financing and recruiting people to join the terror group, on Monday moved the Delhi High Court seeking bail on the ground that the trial court while dismissing their bail plea had not extended their remand.
In their bail application, which is likely to come up for hearing before the court this week, they have alleged that the trial court had on May 23 dismissed their bail pleas despite the fact that neither a charge sheet was filed against them nor the period of their detention was extended.
"The appellants became entitled to be released on statutory bail under section 167(2) CrPC and they availed of the remedy by moving application on May 23 which was dismissed by the trial court...," the bail plea, filed through advocate MS Khan, said.
The petition has been filed by arrested accused Abu Anas, Mohammed Afzal, Mohammad Obaidulla Khan, Najmul Huda, Suhail Ahmed, Mohammed Aleem, Asif Ali, Muhammad Abdul Ahad, Mudabbir Mushtaq Shaikh, Imran and Syed Mujahid.
They all were arrested by NIA in January 2016.
Section 167(2) CrPC provides for the magistrate before whom the accused are produced, whether or not he has the jurisdiction to try the case, to extend their detention for a term not exceeding 15 days.
Earlier, National Investigation Agency (NIA) had claimed before the trial court that the accused were involved in a larger conspiracy of ISIS, in India and abroad, including recruitment of resident and non-resident Indians.
NIA had alleged that the accused, during interrogation, had admitted to "their involvement in the case regarding recruiting and financing persons willing to join the Caliphate of ISIS at Syria".
They were arrested for the alleged offences under several sections of the Unlawful Activities (Prevention) Act and IPC. A case was registered by NIA against unknown and unidentified persons involved in the activities of Islamic State (IS) in India and Asian countries in peace with India.
