RONGON MUKHOPADHYAY, DEEPAK ROSHAN
Bhikhan Ganjhu @ Deepak Kumar, S/o. Bandhu Ganjhu – Appellant
Versus
Union of India, through National Investigating Agency, represented by Superintendent of Police, N. I. A. – Respondent
JUDGMENT :
(Rongon Mukhopadhyay, J.)
Heard Mr. Balaji Srinivasan, learned counsel for the appellant and Mr. A.K. Das, learned Spl. P.P. for the National Investigating Agency.
2. This appeal is directed against the order dated 22.03.2024 passed in Misc. Criminal Application No. 3601 of 2023, corresponding to RC 06/2018/NIA/DLI), arising out of Special (NIA) Case No. 03/2018, by the learned AJC-XVI-cum-Special Judge, NIA, Ranchi, whereby and whereunder, the prayer for bail of the appellant has been rejected.
3. A written report was submitted by Ramdhari Singh, Sub Inspector of Police, posted at Simaria P.S. to the effect that on 10.01.2016, a secret information was received by the Superintendent of Police that in Amrapali Magadh Coal area in Tandwa some local people have formed an association which is related to the banned extremist outfit TPC. The members of such association were extracting levy from coal traders and DO holders by creating fear in the name of the extremists of TPC, namely Gopal Singh Bhokta @ Brijesh Ganjhu, Mukesh Ganjhu, Kohram Ji, Akraman Ji @ Ravindra Ganjhu, Anischay Ganjhu, Bhikan Ganjhu, Deepu Singh @ Bhikan and Bindu Ghanju. It was also alleged that if any busi
The court ruled that generalized allegations without specific evidence do not constitute a prima facie case for denying bail under the UAP Act.
The court established that prolonged pre-trial detention could warrant bail, despite statutory restrictions.
The court ruled that prolonged custody and unresolved trial mandates bail consideration, even in the face of stringent laws under UAPA.
Long periods of incarceration may warrant bail consideration, emphasizing constitutional rights over statutory restrictions where trials are unduly delayed.
Prolonged pre-trial detention without progress warrants reconsideration of bail, balancing statutory restrictions with constitutional rights to speediness in trial.
The judgment underscores the principle that prolonged pre-trial detention without substantial evidence of involvement in terrorist activities can infringe upon constitutional rights, warranting the g....
The court established that statutory bail restrictions under the UAPA must be balanced with constitutional rights, particularly the right to a speedy trial, and that prolonged detention without trial....
Bail application – Task to convince court that there are no reasonable grounds for believing that accusations are prima facie true becomes more onerous in a case of bail without ousting such prayer, ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.