Back
IN THE HIGH COURT OF JUDICATURE AT PATNA
RAJEEV RANJAN PRASAD, S.B. PD. SINGH
Arman Mallick @ Md. Imteyaz Anwar @ Imteyaz Anwer S/o Late Md. Sabir Hussain – Appellant
Versus
Union of India through the National Investigation Agency – Respondent
JUDGMENT :
RAJEEV RANJAN PRASAD, J.
1. Heard learned counsel for the appellant and learned counsel for the National Investigating Agency (in short ‘NIA’).
2. This appeal is arising out of the order dated 09.11.2023 (hereinafter called ‘the impugned order’) passed by learned Special Judge, NIA, Patna, Bihar (hereinafter called the ‘learned trial court’) in Special Case No. 07 of 2022/R.C. No. 31 of 2022.
3. By the impugned order, the learned trial court has been pleased to reject the prayer for bail of the appellant during the ongoing trial. The appellant is aggrieved by and dissatisfied with the order of the learned trial court.
4. In order to appreciate the matter, it would be necessary to take note of the prosecution case.
Prosecution Case
5. The prosecution case is based on a self-written report dated 12.07.2022 of Akrar Ahmed Khan, the Inspector of Police- cum-Officer-in-Charge of Phulwarisharif Police Station, Patna. In the written report, the informant alleged that on 11.07.2022, at about 7:30 PM, he got an information that some miscreants are planning to do some occurrence during the proposed Patna visit of the Prime Minister of India, they are doing training for a fortnight for th
Prolonged detention without trial violates constitutional rights, necessitating bail when evidence of participation in unlawful activities is insufficient.
The court held that allegations against appellants lacked sufficient evidence connecting them to terrorist activities, allowing for bail under the UA(P) Act.
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....
The court upheld that mere suspicion is insufficient for bail; substantial evidence indicating involvement in terrorist activities justifies denial of bail under UAPA.
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....
The court emphasized that constitutional rights to liberty prevail when trials are unduly prolonged, allowing bail despite serious terrorism charges.
(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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
