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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, Harish Vaidyanathan Shankar
Lakhveer Singh – Appellant
Versus
National Investigation Agency – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The present Appeal has been filed by the Appellant under Section 21 of the National Investigation Agency [“NIA”] Act, 2008, to assail the order dated 28.09.2024 passed by the learned Additional Sessions Judge-03, New Delhi District, Patiala House Courts, Delhi [“Trial Court”] in NIA case bearing RC No. 38/2022/NIA/DLI titled NIA vs Arshdeep Singh @ Arsh Dalla Etc., whereby the bail application of the Appellant was dismissed.
2. The present case emanates from the registration of the NIA case bearing RC No. 38/2022/NIA/DLI for offences under Sections 120B of the INDIAN PENAL CODE , 1860 [“IPC”] and Sections 18 /18B/20 of the Unlawful Activities (Prevention) Act, 1967 [“ UAPA ”] by the NIA, pursuant to the order dated 26.08.2022 issued by the Ministry of Home Affairs (CTCR Division).
3. Case initiated by the Respondent/NIA is premised on the following information received by it through credible sources:
i. An alleged conspiracy was hatched by the members of a criminal syndicate/gangs based in India and abroad to carry out terrorist acts in the state of Delhi as well as other parts of the country by executing targeted killings using lethal firearms and
Bail under UAPA requires proving allegations are prima facie true; substantial evidence against the accused justified the dismissal of bail application.
The court established that under the UAPA, particularly Section 43D(5), the standard for denying bail is based on whether the accusations are prima facie true, which requires a careful examination of....
The court established that under the UAPA, knowledge of a person's terrorist activities is crucial for liability under Section 19, and the restrictions on bail under Section 43D(5) apply when there a....
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 in the judgment is the need for a surface analysis of probative value of evidence at the stage of examining the question of granting bail, and the requirement for rea....
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 rejection of bail, finding prima facie evidence of the appellant's involvement in arms smuggling under the UAPA, despite his claims of insufficient evidence.
The court affirmed that continued detention is warranted due to the serious allegations of conspiracy to supply arms to terrorist organizations and the ongoing nature of the trial.
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