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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Khalid Latif Butt Th. Abdul Latif Butt – Appellant
Versus
UT of J&K. – Respondent
| Table of Content |
|---|
| 1. charges framed under uapa for let terror funding. (Para 1 , 2 , 3 , 4) |
| 2. parties dispute evidence sufficiency and trial delay. (Para 5 , 6 , 15) |
| 3. section 43d(5) uapa bars bail; trial ongoing. (Para 7 , 8) |
| 4. precedents permit bail for prolonged uapa detention. (Para 9 , 10 , 11 , 12 , 13) |
| 5. bank transactions prove prima facie terror involvement. (Para 14 , 16 , 17 , 18) |
| 6. delay insufficient to override serious uapa accusations. (Para 19 , 20 , 21) |
| 7. appeal dismissed; reapply after key witnesses. (Para 22 , 23) |
JUDGMENT :
Sanjay Parihar, J.
1. The appellant is aggrieved of the order dated 04.01.2025 passed by the Court of 3rd Additional Sessions Judge (Designated Court under the UAPA), Jammu (for short, “the trial Court”), whereby the appellant, who is facing trial in FIR No. 42/2020 for offences under Sections 17, 18, 20, 21, 38 and 40 of the Unlawful Activities (Prevention) Act, 1967 (hereinafter, “the Act of 1967”), has been denied the concession of bail. The trial Court has rejected the bail plea on the ground that the offences alleged against the appellant fall within Chapters IV and VI of the Act of 1967; that there are strong grounds for believing that the app
Bail under UAPA Section 43-D(5) denied despite over five years' custody; prima facie material including bank transactions shows direct terror funding involvement, trial progress outweighs delay.
The court upheld the denial of bail under the UAP Act, emphasizing the serious nature of the charges and the prima facie evidence 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 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....
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