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IN THE HIGH COURT OF JHARKHAND AT RANCHI
SUJIT NARAYAN PRASAD, ARUN KUMAR RAI
Pankaj Kumar Singh, son of late Shyam Nandan Singh – Appellant
Versus
Union of India through NIA – Respondent
JUDGMENT :
Sujit Narayan Prasad, J.
1. The present Appeal has been filed under section 21(4) of National Investigation Agency Act, 2008 read with Section 43-D of UAP Act to set-aside the order dated 28.2.2025 passed by AJC-XVI Ranchi-cum-Special Judge NIA, Ranchi in Misc. Criminal Application No. 316 of 2025 by which bail of the appellant has been rejected in connection with Special (NIA) Case No. 04 of 2021 dated 9.12.2021, arising out of PS ATS case no. 01/2021 Ranchi, Jharkhand registered under sections 120B of IPC and section 17 CLA Act read with sections 25(1-B)a, 26 and 35 of Arms Act and sections 13,19, 20 and 21 of UA(P)Act 1967.
2. At the outset it needs to refer herein that earlier the appellant had preferred Miscellaneous Cr. Application No. 1133 of 2022 which was rejected vide order dated 16.7.2022, against which the present appellant had preferred an appeal before this Court being Cr. Appeal (DB) No. 1387 of 2022 which was dismissed as withdrawn vide order dated 22.2.2023. Thereafter, the appellant had filed Miscellaneous Criminal Application No. 847 of 2023 before the learned Trial Court which was also rejected on 28.3.2023 and against the said order also the present app
The court affirmed that continued detention is warranted due to the serious allegations of conspiracy to supply arms to terrorist organizations and the ongoing nature of the trial.
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....
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.
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 ....
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.
(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 UA(P) Act, particularly Section 43D(5), bail can be denied if there are reasonable grounds to believe the accusations against the accused are prima facie true, em....
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