Tezzbuzz Desk- Delhi High Court on Tuesday rejected the default bail plea of Red Fort blast case accused Jasir Bilal Wani alias Danish. A bench of Justices Pratibha M Singh and Vikas Mahajan did not allow Wani's plea challenging the extension of the National Investigation Agency (NIA) investigation beyond 90 days. After this decision of the High Court, currently Wani will not be released on default bail.
The case is related to the explosion that took place in the Red Fort area of Delhi in 2025. Jasir Bilal Wani was arrested by NIA in November 2025. According to the investigating agency, Wani was allegedly an active co-conspirator in the case and had provided technical assistance in the attack conspiracy. NIA has alleged that he had provided technical help in activities like modifying drones and preparing rockets. According to the agency, he was also in touch with Umar Un Nabi, the main accused in the case.
The main basis of Wani's default bail petition was the stipulated time limit for investigation. His lawyer argued that if the investigating agency does not file a charge sheet even after the completion of 90 days, the accused may be entitled to default bail under the law. The lawyer also argued that the NIA had applied on February 13 to extend the period of investigation, while the 90-day period was to expire on February 15. Therefore the order to extend the investigation period was not legally correct.
In this case, the special provision of UAPA i.e. Unlawful Activities Prevention Act is also important. Under normal circumstances, the accused can claim default bail on completion of the period prescribed for investigation of serious crimes. However, the period of investigation under UAPA can be extended from 90 days to 180 days subject to certain conditions. The court has to consider the report regarding the progress of the investigation and the reasons for keeping the accused in custody.
Under this provision, the special NIA court had given permission to extend the period of investigation. After this, Wani's default bail petition was also rejected by the trial court. Wani challenged the trial court's decision and order to extend the period of investigation in the Delhi High Court. It was said on his part that if the order to extend the investigation period itself is not valid, then the decision of refusing default bail also cannot be sustained.
On the other hand, NIA opposed Wani's arguments. Special Public Prosecutor Madhav Khurana, appearing for the agency, said that there is no legal flaw in both the orders of the special NIA court. The investigating agency presented its stand before the court that the order granting additional time to continue the investigation of the case was in accordance with the law. On this basis, NIA urged the High Court to dismiss Wani's petition.
NIA had filed a charge sheet in this case in May 2026. Even after this, many aspects related to the investigation and the ongoing legal process in the court have come to light. The agency has made serious allegations against Wani and other accused. However, these allegations are yet to be finally proven in court. Rejection of the default bail petition also does not mean that the accused has been convicted in the case. This decision is mainly related to the time limit of investigation and the legal right of default bail.
There is also a difference between default bail and regular bail. Default bail mainly depends on the provisions related to completion of investigation and filing of necessary reports within the stipulated time by the investigating agency. Whereas in regular bail, the court considers the charges of the case, the available material and the circumstances for granting bail under the relevant laws. The legal criteria for regular bail in UAPA cases is quite strict.
After Tuesday's decision of Delhi High Court, Jasir Bilal Wani has not got immediate relief on the basis of default bail. NIA's investigation and judicial process in the case will continue. It is clear from the court's judgment that mere lapse of 90 days does not automatically entitle the accused to default bail under UAPA, if the investigation period has been validly extended under the law.