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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Sujit Narayan Prasad, Pradeep Kumar Srivastava
Fuleshwar Gope – Appellant
Versus
Union of India through National Investigating Agency – Respondent
| Table of Content |
|---|
| 1. overview of the factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12) |
| 2. defense arguments contesting bail application. (Para 13 , 14) |
| 3. counterarguments from the respondent nia. (Para 15 , 16 , 53 , 54) |
| 4. observations related to bail provisions under uapa. (Para 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 31) |
| 5. findings on the prima facie case against the appellant. (Para 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49) |
| 6. final ruling on the bail application. (Para 73 , 74 , 75) |
JUDGMENT :
Sujit Narayan Prasad, J.
1. The instant appeal preferred under Section 21 (4) of the National Investigation Agency Act, 2008 is directed against the order dated 19.05.2022 passed by the learned A.J.C.-XVI-cum-Special Judge, NIA Ranchi, in Misc. Cr. Application No. 566 of 2022 (Special (NIA) Case No.02 of 2018) corresponding to R.C. No.02/2018/NIA/DLI dated 19.01.2018, arising out of Bero P.S. Case No.67 of 2016 registered for the offence under Sections 21 2, 213, 414/34 of the I.P.C., Section 17 (ii) of the Criminal Law (Amendment) Act, 1908 and Sections 13 , 17 & 40 of the Unlawful Activities (Prevention) Act, whereby and whereunder, the prayer for
The court reiterated that under the UAPA, bail is the exception, emphasizing the prima facie strength of allegations against the accused involved in financing a terrorist organization.
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.
In cases under the Unlawful Activities (Prevention) Act, bail may be denied if there is prima facie evidence of serious criminal involvement linked to national security threats.
The right to speedy trial under Article 21 of the Constitution of India is imperative, and prolonged incarceration without the likelihood of a timely trial may warrant the grant of bail.
Delay in trial does not justify bail in serious offenses when a prima facie case is established against the accused.
The prolonged pretrial detention without trial is a key reason for granting bail, emphasizing the right to a timely trial.
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