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IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M.SINGH, AMIT SHARMA
Zahoor Ahmad Peer – Appellant
Versus
National Investigation Agency – Respondent
| Table of Content |
|---|
| 1. appeal filed under nia act for bail. (Para 1 , 2) |
| 2. facts outlining conspiracy by let. (Para 3 , 4 , 5) |
| 3. details of investigation and arrests. (Para 6 , 7 , 8) |
| 4. evidence regarding appellant's involvement in aiding terrorists. (Para 9 , 10 , 11 , 12) |
| 5. analysis of charges against the appellant. (Para 13 , 14 , 15 , 16) |
| 6. assessment of bail conditions and factors. (Para 17 , 18 , 19 , 20 , 21 , 22) |
| 7. court's analysis on evidence and charges under uapa. (Para 28 , 29 , 30 , 31) |
| 8. conclusion based on trial conditions and bail refusal. (Para 42 , 43 , 44 , 45) |
JUDGMENT :
1. The present appeal filed by the appellant under Section 21(4) of the National Investigation Agency Act, 2008 (hereinafter “NIA Act”) seeks the following prayers:
2. The appeal has been filed assailing the impugned order dated 06.02.2024 passed by the learned ASJ-03/Special Court (NIA), Patiala House Courts, Delhi in NIA Case No.1/2017 arising out of RC - 11/2016/NIA /DLI under Sections 18/20/38 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter “UAPA”), Section 14 of the Foreigners Act, 1946 (hereinafter “Foreigners Act”) and Section 32 of the Indian Wireless and Telegraphy Act, 1933 (he
The court affirmed that harboring a terrorist under UAPA is a serious offense, justifying the denial of bail due to the evidence suggesting active support of terrorism.
The presumption of innocence prevails, and lack of substantial evidence justifies bail under UAPA despite serious charges.
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....
Using as genuine a forged document or electronic record - Bail granted - Clause (b) of section 21(4) of MCOC Act it becomes evident that it contains an interdict against grant of bail unless Court sa....
Prolonged incarceration and nature of allegations allow for bail under UAPA, balancing statutory provisions with constitutional rights.
(1) Statutory restriction like Section 43-D(5) of UAPA per se does not operate as an impediment on powers of Constitutional Court to grant bail, if a case of infringement of constitutional guarantee ....
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