Bail under Section 43D(5) of the UAPA cannot be granted solely due to trial delay; it requires examination of prima facie case merits.

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. The present appeal has been preferred by the Appellant herein challenging the Order dated 25.11.2024 (hereinafter referred to as “Impugned Order”) passed by the learned Additional Sessions Judge-03, Shahdara, Karkardooma Courts, Delhi in FIR No. 59/2020 registered at Police Station Crime Branch, Delhi, whereby the third bail application filed by the Appellant was rejected.

2. Briefly stated, the facts germane to the present case are as follows –

a. The instant case emerges from the incidents which occurred in North-East Delhi during 23.02.2020 to 25.02.2020, where protests at a large scale were organised against the promulgation of Citizenship Amendment Act, 2019 and the amendments made to the policy of National Registry of Citizens.

b. As per the case of the prosecution, various incidents of rioting and violence were conducted in the name of protests, thereby creating ruckus in the society and damage to the public property.

c. In this backdrop, FIRs were registered against the accused persons. Pertinently, the Appellant was initially apprehended on 08.04.2020 for his participation in the alleged riots in FIR No. 48/2020 and was also granted regular bail in the said FIR on 10.06.2020.

d. However, the present case arises out of the subsequent FIR bearing No. 59/2020 dated 06.03.2020, which was registered at the Police Station Crime Branch, Delhi, with respect to the rioting and violence which took place in Maujpur, Kardampuri, Jafrabad, Chand Bagh, Gokulpuri, Shiv Vihar in Delhi, specifically pertaining to the protests which occurred near the Jafrabad Metro Station, where women and children blocked the roads as a sign of protest.

e. Chargesheet was filed against the accused persons and the Appellant was arrayed as Accused No. 12 for the offences punishable under the following provisions –

i. Sections 109, 114, 124A, 147, 148, 149, 153A, 186, 201, 212, 295, 302, 307, 341, 353, 395, 420, 427, 435, 436, 452, 454, 468, 471, 326A, 326B, 34, 120B of the IPC;

ii. Sections 25, 27 of Arms Act, 1959;

iii. Sections 13, 16, 17, 18 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “UAPA”);

iv. Sections 3 and 4 of Prevention of Damage to Public Property Act, 1987.

f. The Appellant was arrested on 24.06.2020 and has been in judicial custody since then.

g. Emerging out of the same FIR i.e., 59/2020, three co-accused, namely, Asif Iqbal Tanha, Natasha Narwal and Devangana Kalita filed appeals bearing CRL. A. 39/2021, CRL. A. 82/2021 and CRL. A. 90/2021, respectively, before this Court and vide three separate judgments dated 15.06.2021, they were granted bail by this Court.

h. The said judgments were challenged by the NIA (hereinafter referred to as “Respondent Agency”) by filing an SLP and while issuing notice, the Apex Court vide Order dated 18.06.2021 passed interim directions observing that the impugned bail orders required no interference at that stage but they shall not be treated as a precedent. The Order dated 18.06.2021, in its entirety, is reproduced hereinunder:-

“Issue notice. Ms. Pritha Kumar accepts notice in SLP(Crl.) No. 4287/2021 and Ms. Pragya Baghel, learned counsel accepts notice in SLP(Crl.) Nos. 4289/2021 and 4288/2021. Let the counter affidavits be filed within four weeks. List in the week commencing 19.07.2021 on a non miscellaneous day. In the meantime, the impugned judgment shall not be treated as a precedent and may not be relied upon by any of the parties in any of the proceedings. It is clarified that the release of the respondents on bail is not being interfered at this stage.”

(emphasis supplied)

i. The Appellant herein filed his first bail application before the concerned Trial Court on 16.06.2021, however, the same was dismissed on merits vide Order dated 16.03.2022.

j. Pursuant thereto, the Appellant filed an IA No. 60391/2022 in SLP (Crl.) No. 4289/2021 seeking clarification with regards to the interim directions passed in the Order dated 18.06.2021 on the issue of pari