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2023 Supreme(Del) 5682

SIDDHARTH MRIDUL, ANISH DAYAL
Suhail Ahmad Thokar – Appellant
Versus
National Investigation Agency – Respondent


Advocates appeared:
Mr. Kartik Murukutla, Advocate, for the Appellant.
Mr. Gautam Narayan, SPP with Ms. Asmita Singh, Ms. Akriti & Mr. Harshit Goel, Advocates, for NIA.

JUDGMENT

Siddharth Mridul, J.

1. The present appeal under Section 21 (4) of the National Investigating Agency Act, 2008 (hereinafter referred to as `the NIA Act') read with Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `the Cr.P.C.') assails the order dated 07.01.2023 passed by the Additional Sessions Judge-03, Special Judge (NIA), Patiala House Courts, New Delhi, in the case arising out of RC-29/2021/NIA/DLI, registered by the NIA under Sections 120B, 121A, 122, 123 of the INDIAN PENAL CODE , 1860 (hereinafter referred to as `IPC') and under Sections 18 , 18A, 18B, 20, 38 & 39 of the Unlawful Activities (Prevention) Act, 1967, (hereinafter referred to as `the UAPA Act'), whereby the bail application instituted on behalf of the appellant was dismissed.

2. Briefly, the facts as are necessary for the adjudication of the present appeal are encapsulated as under:

2.1. It is the case of the prosecution that an FIR was registered subsequent upon the receipt of intelligence regarding the incubation of a larger conspiracy in the Kashmir valley. It is alleged by the prosecution, that the conspiracy, encompassed both the physical realm, as well as in the digit

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