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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
DEEPAK SIBAL, LAPITA BANERJI
Ashish Kumar – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. procedural history of bail application. (Para 1) |
| 2. arguments on insufficient evidence linking the appellant to the crime. (Para 2 , 3 , 4) |
| 3. state's allegations of involvement in criminal activities. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 4. rights under article 21 and implications of lengthy incarceration. (Para 11 , 12 , 13 , 14) |
| 5. balancing state interests against constitutional rights. (Para 15 , 16 , 17) |
| 6. importance of evidence in granting bail. (Para 18 , 19 , 20) |
| 7. denial of bail requires substantial grounds. (Para 21 , 22 , 23 , 24 , 25) |
| 8. conclusion granting bail and conditions imposed. (Para 26 , 27) |
JUDGMENT
LAPITA BANERJI, J.
The appellant, namely Ashish Kumar, has challenged the order dated January 08, 2024, passed by Additional Sessions Judge, SAS Nagar, Mohali, whereby his bail application in FIR No.02 of 05.02.2020 registered under Section 120-B of Indian Penal Code (hereinafter referred to as “IPC”), Section 25 of the Arms Act, Sections 10,13,18,20 of The Unlawful Activities (Prevention) Act, 1967 (hereinafter referred to as “the UAPA”), at Police Station State Special Operation Cell, District SAS Nagar, Mohali, has been dismissed.
2. Learned counsel for the
The court held that prolonged pre-trial detention without significant evidence warrants bail under Article 21, emphasizing the right to a speedy trial. Serious allegations alone do not justify denial....
Prolonged pre-trial detention mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
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