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SHREE CHANDRASHEKHAR, RATNAKER BHENGRA
Gopal Krishna Patar @ Raja Peter, S/o. Late Khetra Mohan Patar – Appellant
Versus
Union of India, through National Investigating Agency, New Delhi – Respondent
JUDGMENT :
Shree Chandrashekhar, J.
Gopal Krishna Patar @ Raja Peter has filed this criminal appeal under section 21 of the National Investigation Agency Act, 2008 (in short, NIA) against the order dated 3rd August 2019 passed by the Judicial Commissioner-cum-Special Judge, NIA at Ranchi in Misc. Cr. Application No. 757 of 2019. By the said order, the Special Judge (NIA) rejected the application seeking bail to the appellant in connection to Special (NIA) 1 of 2017 – that was fourth attempt by the appellant in NIA Court.
2. The appellant is in custody since 9th October 2017.
3. This criminal appeal was filed on 26th August 2019 but as the proceedings would reveal the matter was not prosecuted on behalf of the appellant for more than 2 years. By virtue of an order of assignment dated 24th August 2021, this criminal appeal was listed before us for the first time on 31st January 2022.
4. A crime was registered at Bundu PS on the statement of Nand Kishore Yadav who had driven Ramesh Singh Munda on a vehicle (Tavera) to S.S. High School, Bundu at around 12:15 hrs. on 9th July 2008, where he was assassinated by unknown criminals – 3 more persons lost their lives in the incident.
5. The case of
The existence of a prima facie case, the gravity of the offence, the severity of punishment, the antecedent of the appellant, and the possibility of the appellant impeding the trial once he is releas....
The main legal point established in the judgment is the need to crosscheck the truthfulness of allegations, the relevance of confessional statements made by co-accused in different cases, and the con....
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....
The court confirmed that under Section 43D(5) of UAPA, bail cannot be granted if there are reasonable grounds to believe the accusations are prima facie true.
The court established that involvement with a banned terrorist organization and the collection of levies for such groups constitutes serious offenses under the UA(P) Act, warranting denial of bail wh....
The main legal point established is that the grant of bail under UAPA requires a prima facie view of the accused's involvement, balancing of various factors, and imposition of stringent conditions to....
Bail – Being a member of banned organization is also an offence under UA(P) Act and bail can be declined.
(1) Regular bail – Issue of national integrity is also to be taken care of so as to maintain balance.(2) Precedent – Ratio of judgment is to be applied on the basis of factual aspect involved in each....
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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