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SIDDHARTH MRIDUL, ANUP JAIRAM BHAMBHANI
Devangana Kalita – Appellant
Versus
State Of Delhi NCT – Respondent
JUDGMENT :
ANUP JAIRAM BHAMBHANI J.
Introduction
The appellant, Devangana Kalita, is a student pursuing the M.Phil.- Ph.d. Programme in the Department of Women’s Studies at the Jawaharlal Nehru University, New Delhi, having completed her Bachelor of Arts (Honours) degree in English from Miranda House College, Delhi University and Master of Arts degree in Gender & Development at the Institute of Development Studies, University of Sussex, United Kingdom.
2. The appellant has preferred the present appeal under section 21(4) of the National Investigation Agency Act 2008 (‘NIA Act’, for short) impugning order dated 28.01.2021 made by the learned Special Court rejecting the appellant’s bail application in case FIR No. 59/2020 dated 06.03.2020 (‘subject FIR’, for short) registered initially under sections 147/148/149/120-B of the Indian Penal Code, 1860 (‘IPC’, for short) at P.S.: Crime Branch, New Delhi, to which offences under sections 109/114/124A/153A/186/201/212/295/302/307/341/353/395/419/420/427/435/436/452/454/468/471/34 IPC, sections 3/4 of the Prevention of Damage to Public Property Act, 1984 (‘PDPP Act’, for short), sections 25/26 of Arms Act, 1959 and sections 13/16/17/18 of the U
Rejection of application of Bail – Rioting/violence – Protest against the CAA -Petitioner Intended to paralyse the governance of Delhi by violent means to force the Union Govt, to withdraw CAA
Rejection of application of Bail – Rioting/violence – Protest against the CAA -Petitioner Intended to paralyse the governance of Delhi by violent means to force the Union Govt, to withdraw CAA
The court held that the allegations against the Appellant are “prima facie true” and hence, the embargo created by Section 43D(5) of UAPA applies squarely with regard to the consideration of grant of....
The court reaffirms that the prima facie evaluation for bail under UAPA requires the prosecution to substantiate accusations beyond mere allegations, linking the accused to acts of terrorism and cons....
The court's decision emphasized the importance of reasonable grounds for tentatively believing the accusations against the appellants, as a basis for rejecting the prayer for bail.
The absence of direct evidence linking accused to terrorist activities undermines prima facie accusations, warranting bail despite membership in a banned organization.
(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....
Bail application cannot be allowed when indulgence in subversive activities is prima facie made from materials on record.
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