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ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Athar Parwez – Appellant
Versus
Union of India – Respondent
No legal document content was provided in the
JUDGMENT
AUGUSTINE GEORGE MASIH, J.
1. Leave granted.
2. The Appellant herein has approached this Court seeking bail during the pendency of trial after dismissal of his bail application by the High Court of Patna vide impugned Order dated 28.11.2023 in Criminal Appeal (DB) No.516 of 2023. The Appellant is booked as Accused No.01 in FIR No. 827 of 2022, which was registered at Police Station Phulwari Sharif, Patna under Sections 120, 120-B, 121, 121A, 153A, 153B, & 34 of the Indian Penal Code, 1860 (hereinafter referred to as the “IPC”).
3. The Appellant along with a co-accused Jalaluddin Khan alias Md. Jalaluddin was arrested on 12.07.2022. Allegations against the Appellant are that he is an active member of the Popular Front of India (hereinafter referred to as the “PFI”), and he along with his associates were planning to cause disturbance during the proposed visit of Prime Minister of India to Patna, this led to the raid being conducted on 11.07.2022 at first floor Ahmad Palace, Phulwari Sharif, Patna which was taken on rent by the Appellant from co-accused Md. Jalaluddin.
4. During the raid certain recoveries were carried out, prominent amongst them was a document titled “India 2047
Bail – Long incarceration and unlikelihood of trial being completed in near future has been taken as a ground for exercising its constitutional role by Constitutional Courts to grant bail – Accused c....
Prolonged detention without trial violates constitutional rights, necessitating bail when evidence of participation in unlawful activities is insufficient.
Bail – When a case is made out for grant of bail, Courts should not have any hesitation in granting bail – If Courts start denying bail in deserving cases, it will be a violation of rights guaranteed....
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
(1) Grant of bail – Question of discarding material or document at stage of considering bail application of accused on the ground of being not reliable or inadmissible in evidence, is not permissible....
The court upheld that mere suspicion is insufficient for bail; substantial evidence indicating involvement in terrorist activities justifies denial of bail under UAPA.
The court held that allegations against appellants lacked sufficient evidence connecting them to terrorist activities, allowing for bail under the UA(P) Act.
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
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