ORDER :

The question to be answered in this writ petition is this :

Whether the application filed under Section 167 (2) of Cr.P.C by an accused claiming default bail takes priority over an application filed under Section 43D (2) (b) of the Unlawful Activities (Prevention) Act (for short ‘UAP Act’) whenever two applications are filed on the same day?

2. The petitioner is accused No.21 in Spl. C.C. No. 123/2023 on the file of XLIX Additional City Civil and Sessions Judge and Special Judge for NIA Cases, Bengaluru. Amongst several offences punishable under Indian Penal Code including the offence under Section 302 of IPC and the Arms Act, the NIA has invoked the offences punishable under Sections 16, 18, 19 and 20 of the UAP Act. The petitioner was arrested on 07.11.2022 and produced before the court on 08.11.2022. The NIA filed charge sheet against accused 1 to 20 on 20.01.2023 and sought permission under Section 173 (8) of Cr.P.C for further investigation. No charge sheet was filed against the petitioner on 20.01.2023. The initial period of ninety days from the date of production of the petitioner before the court expired on 06.02.2023. NIA did not file charge sheet against the petition