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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
Key Points: - The bail standard under UAPA Section 43D(5) requires assessing whether allegations are prima facie true and whether there are reasonable grounds; the court emphasized that bail is an exception and that allegations must be prima facie true for denial of bail (!) (!) (!) (!) (!) . - The court reviews factors for prima facie belief, including nature and gravity of charges, evidentiary strength, flight risk, and potential tampering with witnesses; it reiterates established bail considerations under UAPA and precedents (e.g., Amarmani Tripathi, etc.) (!) (!) (!) (!) (!) (!) (!) . - The judgment discusses compliance with informing the arrest grounds under Article 22(1) and Section 43B/UAPA, referencing Pankaj Bansal v. UoI and Vihaan v. Haryana, and notes prospective and retrospective aspects of written grounds of arrest; it ultimately found the arrest compliant in this case (!) (!) (!) (!) (!) (!) . - The court notes that Section 43D(5) curtails bail rights for offences under Chapters IV and VI, with additional conditions and extended investigation timelines (Modified CrPC) (!) (!) (!) (!) . - The chargesheet and recovered arms from the appellant’s premises along with linked conspiratorial connections to Bambiha Gang and Arshdeep Singh Gill form the prima facie basis to deny bail; the court dismisses the appeal for bail (!) (!) (!) (!) . - The decision emphasizes that the court should not conduct a mini-trial at the bail stage; it should consider prima facie grounds and broad probabilities rather than merits (!) (!) (!) (!) .
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.
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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.
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