The Punjab and Haryana High Court has dismissed a regular bail plea filed by Gurwinder Singh @ Baba, an accused in a high-profile terror-related case investigated by the National Investigation Agency (NIA) concerning the murder of Shaurya Chakra awardee Comrade Balwinder Singh Sandhu [2026 LiveLaw (PH) 208].

A Division Bench comprising Justice Archana Puri and Justice Ramesh Kumari said, "Suffice to consider the material aforesaid, which points finger to the inclination of the appellant towards terrorism. Considering the same and keeping in view the strict provisions as contained under Section 43- D(5) of UAP Act, there is reasonable ground for the Court, to believe and form an opinion that accusations against the appellant, are prima facie true."

The Court further observed that, "the material available on record, indicates the involvement of the appellant in furtherance of terrorist activities, backed up by banned terrorist organization and precisely, on this account, there are serious allegations, where the safety and security of the country, is being sought to be put on peril, with their being, prima facie, material indicating involvement of the appellant."

The case originates from FIR at Punjab's Tarn Taran, under Sections 302 and 34 of the IPC and Sections 25 and 27 of the Arms Act. The FIR pertains to the assassination of Balwinder Singh Sandhu by two unidentified assailants at his residence-cum-school.

Subsequently, stringent provisions under the Unlawful Activities (Prevention) Act, 1967 were invoked. Given the gravity of the offence and its alleged links to terrorist organisations, the investigation was transferred to the NIA and re-registered as RC-01/2021/NIA/DLI on January 26, 2021.

As per the prosecution, the murder was part of a larger conspiracy orchestrated by operatives of banned terrorist outfits, including the Khalistan Liberation Force (KLF) and International Sikh Youth Federation. The investigation revealed that key conspirators, including Sukhmeet Pal Singh @ Sukh Bhikariwal, Sunny Toronto (a Canada-based operative), and Lakhveer Singh Rode, provided logistical, financial, and operational support for the execution of the crime.

The appellant, Gurwinder Singh @ Baba, was alleged to be a close associate of Sukhmeet Pal Singh and to have played an active role in facilitating the conspiracy. The prosecution claimed that he procured and supplied arms and ammunition used in the murder, shared images of weapons with co-conspirators, and was also involved in smuggling narcotics and handling funds.

The NIA further submitted that the appellant had evaded arrest and remained absconding for nearly two years, necessitating the issuance of a Look Out Circular before he was eventually arrested on August 25, 2022.

After hearing both sides and perusing the record, the Court noted the serious nature of allegations and the material collected during investigation indicating the appellant's involvement in the conspiracy.

The Bench took into account the appellant's alleged role in supplying weapons, his close association with key conspirators linked to terrorist organisations, and his conduct of evading law enforcement for a considerable period.

It further observed that, "mere delay in the trial pertaining to grave offences, as one involved in the present case, cannot be used as a ground to grant bail, more particularly, when it is coming forth of the sanction of exclusive NIA Court, to be made operational soon, on which basis, the trial will be put on fast track. The ground of long detention, ipso facto, cannot be considered, to grant the bail."

In the light of the above, the plea was dismissed.

Mr.S.K.Kanojia, Advocate and Mr.Gurmeet Singh, Advocate for Mr.Chinku Bawa, Advocate for the appellant.

Mr.Sukhdeep Singh Sandhu, Special Prosecutor for the respondent.

Title: Gurwinder Singh @ Baba v. National Investigating Agency, Delhi

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Citation: 2026 LiveLaw (PH) 208