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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
TASHI RABSTAN, CJ., M.A. CHOWDHARY
Javaid Ahmad Bhat S/O Abdul Majeed Bhat – Appellant
Versus
Union Territory of Jammu and Kashmir, Through SHO Police Station Khanyar. – Respondent
JUDGMENT :
CHOWDHARY, J.
01. The instant appeal has been filed by the appellant-Javaid Ahmad Bhat through his father Abdul Majeed Bhat, under Section 21 of the National Investigation Agency Act, 2008 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for setting-aside the order of rejection of bail dated 19.12.2024 passed by the Court of learned Additional Sessions Judge, Special Judge (Designated under NIA Act), Srinagar ("NIA Court‟ for short) in FIR No. 19 of 2022 under Sections 13, 18, 19, 39 of the Unlawful Activities (Prevention) Act, 1967 (for short, "UAP Act‟) registered at Police Station, Khanyar in case titled “Javid Ahmad Bhat Vs. Union Territory of J&K” with a further prayer that the appellant be released on bail.
02. The appellant has challenged the impugned order on the grounds that there is no material to give rise to the belief that accusations against the appellant are prima facie true and the evidence against the appellant is only circumstantial; that the appellant has been sought to be implicated in the case based on his own self-incriminating statement recorded in police custody before the Executive Magistrate regarding "knowledge‟ and th
The court upheld the trial court's rejection of bail, emphasizing the applicability of Section 43-D(5) of the UAP Act due to the serious nature of the charges against the appellant.
(1) Bail application – Exercise of general power to grant bail under UAP Act is severely restrictive in scope – In dealing with bail applications under UAP Act, courts are merely examining if there i....
The court ruled that prima facie evidence justifies the rejection of bail for accused involved in serious offenses under UAPA, emphasizing the need to balance individual rights with public safety.
The court affirmed that bail should not be denied solely based on association with a terrorist organization, emphasizing the presumption of innocence and the need for substantial evidence.
The court ruled that, under UAPA, bail cannot be granted where prima facie evidence establishes serious allegations against national security, emphasizing the heightened standard for bail in terroris....
The court established that under the UA(P) Act, particularly Section 43D(5), bail can be denied if there are reasonable grounds to believe the accusations against the accused are prima facie true, em....
The completion of investigation and prolonged judicial custody are significant factors in determining the entitlement to bail under UAPA. The court emphasized the mandatory requirements under Section....
(1) Bail application – Question of grant of bail concern both liberty of individuals undergoing criminal prosecution as well as interest of criminal justice system in ensuring that those who commit c....
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