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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, GAUTAM KUMAR CHOUDHARY
Kundan Kumar, s/o. Hari Giri – Appellant
Versus
National Investigation Agency, New Delhi – Respondent
Judgment :
Sujit Narayan Prasad, J.
Prayer:
1. The instant appeal preferred under Section 21(1) of the National Investigation Agency Act, 2008 is directed against the order dated 20.09.2025 passed in Misc. Cr. Application No. 1738 of 2025 by learned Additional Judicial Commissioner-XVI-cum-Special Judge, NIA, Ranchi whereby and whereunder the prayer for bail in connection with Special (NIA) Case No. 01 of 2021, RC Case No.-01/2021/NIA/RNC arising out of Balumath P.S. Case No. 234 of 2020 registered under Sections 147, 148, 149, 353, 504, 506, 307, 427, 435, 386, 387, 120B, 121A and 216 of the Indian Penal Code; Section 25(1)(b), 26, 27 and 35 of the Arms Act; Section 3 and 4 of Explosive Substance Act; Section 10, 13, 16(1)(b), 20 and 23 of UA(P) Act and Section 17 of CLA Act, 1908, has been rejected.
Factual Matrix
2. The brief facts of the case, as per the prosecution version, which required to be enumerated reads hereunder as:-
3. The prosecution case is based on the information received by Balumath police station that at about 19 hours on 18.12.2020, some unknown persons were burning vehicles by firing indiscriminately near check post no.1 near Tetariakhand colliery. Assailants fired
Under UA(P) Act Section 43D(5), bail denied if charge-sheet shows prima facie true accusations of terrorist gang involvement; custody/delay insufficient absent changed circumstances; parity only for ....
Bail under the U.A.P. Act requires prima facie assessment of allegations; long custody or parity with co-accused do not automatically justify release.
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 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.
The principle of parity in bail applications allows for equality among co-accused, emphasizing the right to a speedy trial and the unjust nature of prolonged incarceration without conviction.
Bail is denied in cases involving serious charges under the Unlawful Activities (Prevention) Act due to the appellant's criminal antecedents and status as an absconder, despite claims of parity with ....
Bail under UAPA is an exception; serious charges and prima facie evidence against the accused justify denial of bail.
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....
Point of law : discretion for grant of bail must be exercised cautiously while considering the bail petitions of the nature being dealt with.
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