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PRATHIBA M. SINGH, AMIT SHARMA
Javed Ali @ Javed – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
(Amit Sharma, J.)
1. The present appeal under Section 21(4) of the National Investigation Agency Act, 2008 read with Section 482 of the Code of Criminal Procedure, 1973, (for short, ‘CrPC’) seeks the following prayers: -
b) pass such further orders as this Hon’ble Court may deem fit.”
2. The case of the NIA-Respondent against the present Appellant, as per the reply dated 21.08.2024, filed to the present appeal is as under: -
The presumption of innocence prevails, and lack of substantial evidence justifies bail under UAPA despite serious charges.
The court emphasized the importance of prima facie evidence, the right to a speedy trial, and the lack of incriminating material in the possession of the accused.
Prolonged incarceration without a speedy trial can warrant bail, while serious allegations under UAPA can justify denial.
Prolonged incarceration and nature of allegations allow for bail under UAPA, balancing statutory provisions with constitutional rights.
(1) Bail application – Exercise of general power to grant bail under UAP Act is severely restrictive in scope – In dealing with bail applications under UAP Act, courts are merely examining if there i....
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