JUDGMENT :

Rashid Ali Dar, J.

1. The instant appeal in terms of Section 21(3) of NIA(National Investigation Act) has been preferred by the appellant against the order of Special Judge Designated Under NIA Act, Srinagar, whereby the application filed by him for grant of bail has been rejected. The order in this regard has been passed on 17.08.2019 (for short referred to hereinafter as ‘impugned order’).

2. It appears from the perusal of the records that the petition for grant of bail came to be presented on 06.07.2019 before the court of learned Additional Sessions Judge (TADA/POTA), Srinagar by the appellant herein. Learned Additional Sessions Judge (TADA/POTA), Srinagar instead of directing diarization of the petition seeking bail, directed the SHO, P/S Srigufwara(respondent herein) to report through APP and the matter was directed to be put up on 20.07.2019. The original application appears to have been forwarded to the said Police said Station for submission of report.

3. The appellant had pleaded in the said application that he was arrested in FIR No.63/2018 under Section 13 ULA(P) Act (Unlawful Activities(Prevention) Act, 1967 registered in Police Station, Srigufwara. The appellant was already admitted to interim bail on 03.10.2018 by the court of learned Principal Sessions Judge, Anantnag, however, was not released and instead was detained under Public Safety Act in terms of detention order No. 58/DMA/PSA/DET/2018 dated 09.10.2018. The said detention order was challenged before this Court and was quashed vide order dated 22.04.2019. It was further pleaded that the bail application in terms of which interim bail order was passed on 03.10.2018, got dismissed because of absence of the accused/appellant which was due to his preventive detention and not any willful default. Further, the appellant had pleaded in the petition that he is innocent and was implicated in the said FIR, falsely, mischievously and without any rhyme or reason. According to the appellant, as is being pleaded in the said petition for grant of bail, he is having a good reputation in the society and is a peace loving person.

4. Report was submitted by the concerned Police Station, wherein gist of allegations was given. Learned Special Judge has made the observation in the order passed on 20.07.2019 that since the appellant herein had not surrendered before the said court and as such, direction was given to the Incharge Sub Jail, Kotibagh to keep the appellant in judicial custody till 25.07.2019.

5. Case-diary was called and perused and the parties heard by the learned Special Judge. Accordingly on 17.08.2019 in terms of the impugned order, the bail petition was dismissed mainly on two counts; first being the nature of the evidence about the allegations and so Section 43(D) proviso 5 of ULA(P) Act being applicable; and secondly the nature and severity of the offence and the larger interests of the security of the State required the bail application to be rejected.

6. The challenge has been thrown to the impugned order in terms of the instant appeal while pleading that the appellant herein was arrested without any justification and was thereafter taken to the police station Srigufwara wherein he was implicated in case FIR No. 63/2018 for the offences punishable under Section 13 Unlawful Activities(Prevention) Act, 1967. It is being pleaded that the appellant had applied for bail in the case before the court of learned Special Judge Designated Under NIA Act, Srinagar, however, the bail was rejected. Further it is being pleaded in the appeal that the learned Special Judge has travelled beyond the purview of the Unlawful Activities (Prevention) Act, 1967 while rejecting the bail application of the appellant and has not decided the bail application in consonance with the said Act. The impugned order also runs contrary to the Article 21 of the Constitution of India, is also set-forth.

7. Objections have been placed on the record, wherein gist of allegations against