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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 :
AMIT SHARMA, J.
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:
A. Set aside the order dated 06.02.2024 passed by the Ld. Additional Sessions Judge — 03 / Ld. Special Court (NIA) — New Delhi, Patiala House Courts, Delhi in NIA Case No. 1/2017 titled ‘National Investigation Agency vs. Bahadur Ali & Ors.’; emanating from RC - 11/2016/NIA/DLI dated 27.07.2016, registered by PS NIA, New Delhi Branch, and consequently pass directions to release the Appellant on regular bail in the captioned ca
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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