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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
SHREE PRAKASH SINGH
Ravindra Kumar – Appellant
Versus
State of U.P. – Respondent
| Table of Content |
|---|
| 1. application against order for default bail. (Para 1 , 2) |
| 2. preliminary objection on maintainability of application. (Para 3 , 5) |
| 3. statutory right to default bail discussed. (Para 6 , 7 , 8) |
| 4. applicability of appeal provisions under act 2008. (Para 10 , 11) |
| 5. finality and review of bail orders clarified. (Para 12 , 14) |
| 6. court dismisses application as not maintainable. (Para 15 , 16) |
| 7. conclusion of dismissal and options for the applicant. (Para 17 , 18 , 19) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Sri Purnendu Chakravarty, learned counsel assisted by Ms. Aishwarya Saxena, Mr. Pranajal Jain and Mr. Rohit Kanaujia, learned counsels for the applicant and Sri Shiv Nath Tilhari, learned counsel for the State of U.P.
2. Present application is directed against the order dated 7.7.2025 passed by learned Additional Sessions Judge, Court No.3/Special Judge/NIA, Lucknow whereby the default bail application on account of non-filing of complaint, within ninety days, from the date of arrest, has been rejected.
3. At the very outset, a preliminary objection has been taken by Sri Shiv Nath Tilhari, learned counsel appearing for the State that the F.I.R. No.1/2025 dated 13.3.202
Statutory bail rights under Section 167(2) Cr.P.C./187(3) BNSS ensure entitlement to bail upon non-filing of charges, making rejection by Special Courts appealable.
An application for bail under Section 439 of the Code of Criminal Procedure invoking the NIA Act, 2008 is not maintainable, and orders granting or refusing bail are appealable to the High Court under....
An application under Section 482 Cr.P.C. challenging a Special Court's refusal to discharge is not maintainable; remedies are available under Section 21(1) of the NIA Act.
(1) Orders granting or refusing to grant bail are of interlocutory nature.(2) Application under Section 439 of Code of Criminal Procedure invoking National Investigation Agency Act, 2008 is not maint....
The main legal point established in the judgment is that for an appeal under Section 21(4) of the NIA Act, 2008 to be maintainable, the impugned order must be passed by the Special Court designated u....
The main legal point established is the entitlement to default bail under Section 167(2) Cr.P.C. and the legislative mandate that offences under the Unlawful Activities (Prevention) Act, 1967 are to ....
The right to default bail under Section 167(2) Cr.P.C is an indefeasible right once the statutory period for filing the charge sheet/challan has lapsed, and offences under UAPA are to be tried exclus....
The court established that a valid report from the Public Prosecutor is essential for extending the time to file a charge-sheet, and failure to comply with procedural requirements negates the right t....
The main legal point established is that the bail application under the NIA Act is maintainable under Section 439 of the Cr.P.C. if the case has not been notified to the Central Government as require....
Offence of Attempt to Murder - Bail Application - Power under Section 439 cannot be exercised when there is specific provision in the statute for filing appeal before High Court against an order of g....
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