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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
SANJEEV KUMAR, SANJAY PARIHAR
Amin Allaie – Appellant
Versus
National Investigating Agency, Jammu – Respondent
Key Points: - Point 1 (!) - Point 2 (!) - Point 3 (!) - Point 4 (!) - Point 5 (!)
| Table of Content |
|---|
| 1. bail denial challenged absent recovery or corroborated evidence (Para 1 , 2) |
| 2. uapa bail requires prima facie true accusations assessment (Para 3) |
| 3. conspiracy demands proof of agreement beyond association (Para 4) |
| 4. peripheral contacts, prior fir insufficient for direct involvement (Para 5 , 6 , 7) |
| 5. co-accused confessions weak without corroboration (Para 8) |
| 6. prosecution fails threshold; prolonged custody warrants bail (Para 9 , 10) |
| 7. bail granted subject to conditions and compliance (Para 11 , 12) |
JUDGMENT :
Sanjay Parihar-J
1. The appellant, who figures as A-13 in Challan File No. 22 arising out of Crime Case No. RC-03/2020/NIA/Jammu dated 23.06.2020, registered under Section 120-B IPC, Sections 8/21 NDPS Act and Sections 17, 18 and 20 of the UAPA, is facing trial before the Court of Special Judge, NIA, Jammu (hereinafter referred to as “the Trial Court”). Aggrieved of the order dated 19.04.2025 whereby his application for grant of bail has been declined, the appellant has invoked the appellate jurisdiction of this Court under Section 21 of the NIA Act, primarily on the ground that neither any recovery has been effected from him nor is there any material to demo
Bail granted in UAPA/NDPS case absent recovery, direct participation; uncorroborated approver/co-accused statements and peripheral contacts insufficient for prima facie case under Sec 43D(5), especia....
Prolonged detention without trial can violate the right to personal liberty, warranting bail even under stringent laws like UAPA and NDPS Act when evidence is insufficient.
Bail under UAPA requires proving allegations are prima facie true; substantial evidence against the accused justified the dismissal of bail application.
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) Drug offences - Investigative narrative does not rest solely on physical recovery but proceeds on the basis of conspiracy and facilitation.(2) Bail application - Relaxation in Section 43D(5) of U....
A prima facie case for drug-related offences can exist without possession of contraband if evidence of conspiracy is present, and bail court findings are not binding on trial courts.
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