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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, BIBHU DATTA GURU
Bhupendra Netam @ Bhupendar Dhruw S/o Premlal – Appellant
Versus
Union of India Through National Investigation Agency – Respondent
JUDGMENT :
Ramesh Sinha, CJ.
1. Heard Mr. Ravipal Maheshwari, learned counsel for the appellants as well as Mr. B. Gopa Kumar, learned counsel appearing for the respondent-NIA.
2. This criminal appeal under Section 21(4) of the National Investigation Agency (Amendment) Act, 2019 (for short, ‘NIA Act’) is directed against the impugned order dated 14.01.2025 passed by the Special Judge (NIA)/Sessions Judge, Raipur (C.G.) in Special Sessions Trial No.03/2024 (State Vs. Mohan Lal Yadav alis Mohan Yadav and others), arising out of Crime No.94/2023 registered at Police Station Mainpur, District Gariyaband (C.G.), by which the appellant's application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking bail for offences under Sections 147, 148, 149, 302, 307, 120-B, 121, 121-A of the Indian Penal Code, 1860 (for short, ‘IPC’), Sections 4, 5, and 6 of the Explosive Substances Act, 1908 (for short, ‘Act of 1908’), Sections 25 and 27 of the Arms Act, 1959 (for short, ‘Arms Act’) and Sections 16, 17, 18, 20, 23, 38, 39, and 40 of the Unlawful Activities (Prevention) Act, 1967 (for short, ‘UAPA’), has been rejected finding no merit.
3. The prosecution case, i
The court ruled that, under UAPA, bail cannot be granted where prima facie evidence establishes serious allegations against national security, emphasizing the heightened standard for bail in terroris....
The completion of investigation and prolonged judicial custody are significant factors in determining the entitlement to bail under UAPA. The court emphasized the mandatory requirements under Section....
The main legal point established is that the grant of bail under UAPA requires a prima facie view of the accused's involvement, balancing of various factors, and imposition of stringent conditions to....
The court upheld the denial of bail under UAPA, emphasizing the serious nature of the allegations and the prima facie case against the appellant, which posed a threat to national security.
The court established that involvement with a banned terrorist organization and the collection of levies for such groups constitutes serious offenses under the UA(P) Act, warranting denial of bail wh....
Bail – Being a member of banned organization is also an offence under UA(P) Act and bail can be declined.
The court established that under the UA(P) Act, particularly Section 43D(5), bail can be denied if there are reasonable grounds to believe the accusations against the accused are prima facie true, em....
The court confirmed that under Section 43D(5) of UAPA, bail cannot be granted if there are reasonable grounds to believe the accusations are prima facie true.
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