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SUPREME COURT OF INDIA
BELA M. TRIVEDI, J
UNION OF INDIA – Appellant
Versus
BARAKATHULLAH ETC. – Respondent
| Table of Content |
|---|
| 1. initiation of investigation and crimes under nia act. (Para 2 , 3) |
| 2. procedural aspects concerning bail applications. (Para 4 , 5) |
| 3. arguments regarding the high court's bail decision. (Para 6 , 7 , 8 , 10) |
| 4. analysis of uapa bail provisions and standards. (Para 9 , 11 , 12 , 21) |
| 5. conclusion on evidence sufficiency and bail denial. (Para 13 , 15 , 22) |
| 6. supreme court's final ruling and directions. (Para 18 , 23 , 24 , 25) |
JUDGEMENT
1. Leave granted.
3. During the course of investigation, the respondents-accused herein came to be arrested on 22.09.2022 for the alleged offences. They filed their respective bail applications before the Special Court under the NIA Act (Sessions Court for Exclusive Trial of Bomb Blast Cases). The Special Court after considering the case diary, the documents and material produced before it, and after having been satisfied about the prima facie case made out against the respondents-accused as also considering the provisions of Section 43D of the UAPA in the light of the position of law settled by this Court in various decisions, dismissed the said bail applications filed by the respondents.
5. At the outset, the learned counsels for the re
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