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IN THE HIGH COURT OF KERALA AT ERNAKULAM
SUSHRUT ARVIND DHARMADHIKARI, P.V.BALAKRISHNAN
LY Nandana S/O LY Upajeev – Appellant
Versus
Union Of India Represented By Deputy Solicitor General Of India – Respondent
| Table of Content |
|---|
| 1. overview of the criminal appeal regarding bail. (Para 1 , 2 , 3) |
| 2. arguments presented by the appellants regarding wrongful detention and violations. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13) |
| 3. respondent's objections highlighting the seriousness of charges. (Para 14 , 15 , 16 , 17) |
| 4. court's analysis of procedural and statutory considerations regarding bail. (Para 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31) |
| 5. court's conclusion on the gravity of charges and the decision to deny bail. (Para 32 , 33) |
Judgment :
Sushrut Arvind Dharmadhikari, J.
1. The instant Criminal Appeal under section 21(4) of the National Investigation Agency Act , 2008 has been filed on behalf of the appellants 1 & 2, being aggrieved by the order dated 27.08.2025 passed in Crl.M.P No.117/2025 in SC No.04/2021/NIA by the Special Court for Trial of NIA cases, Ernakulam; whereby the application filed by the appellants for grant of bail has been rejected.
2. The appellants have been arrested on 27.03.2021 in relation to Crime No.RC-01/NIA/KOC in 2021 registered at Vizhinjam Police Station, Thiruvananthapuram regarding offences punishable under Sections 120B , 125, 465
The court emphasized that serious charges and lack of indicia of innocence justify bail denial, underlining procedural integrity and statutory compliance in unlawful activity cases.
Prolonged pre-trial detention mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
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