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IN THE HIGH COURT OF DELHI AT NEW DELHI
UJJAIR AHMAD @ OZAIR AHMED – Appellant
Versus
NATIONAL INVESTIGATION AGENCY – Respondent
| Table of Content |
|---|
| 1. background of the bail application case. (Para 2 , 3 , 4) |
| 2. appellant's arguments for bail considerations. (Para 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 3. court's analysis of evidence against appellant. (Para 13 , 14 , 15) |
| 4. supreme court precedents on bail. (Para 16 , 17 , 18 , 19) |
| 5. court's final decision on bail and conditions. (Para 20 , 21 , 22) |
| 6. administrative order for compliance. (Para 23 , 24) |
JUDGMENT :
PRATHIBA M. SINGH, J.
1. This hearing has been done through hybrid mode.
Background
2. The present appeal has been filed by the Appellant under Section 21(4) of the National Investigation Agency, 2008 (hereinafter ‘NIA Act’) read with Section 528 of the BNSS, 2023 challenging the impugned order dated 19th September, 2024 by which his bail application has been rejected.
3. An FIR, being RC No.06/2012/NIA/DLI, was registered by the NIA on 10th September, 2012 at PS NIA, New Delhi for various offences under the Unlawful Activities (Prevention) Act, 1967 (hereinafter ‘UAPA’) against certain persons which did not include the Appellant herein. Thereafter, chargesheet was filed in the said FIR on 17th March 2013 which only charged five accused persons. However, when the s
Prolonged incarceration and nature of allegations allow for bail under UAPA, balancing statutory provisions with constitutional rights.
The court emphasized the importance of prima facie evidence, the right to a speedy trial, and the lack of incriminating material in the possession of the accused.
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....
(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 ....
The presumption of innocence prevails, and lack of substantial evidence justifies bail under UAPA despite serious charges.
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