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2024 Supreme(SC) 660

ABHAY S. OKA, AUGUSTINE GEORGE MASIH
Jalaluddin Khan – Appellant
Versus
Union of India – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Rizwan Ahmad, AOR Mr. Shaikh Saipan Dastgir, Adv. Mr. Paras Nath Singh, Adv. Mr. Shakeel Ahmed, Adv. Mr. Nitya Gupta, Adv. Mr. Himanshu Gupta, Adv.
For the Respondent(s): Ms. Aishwarya Bhati, A.S.G. Mr. Mrigank Pathak, Adv. Mr. Rajat Nair, Adv. Ms. Shagun Thakur, Adv. Ms. Chitrangda Rastvara, Adv. Ms. Neelakshi Bhadauria, Adv. Mr. Arvind Kumar Sharma, AOR

JUDGMENT :

ABHAY S. OKA, J.

FACTUAL ASPECTS

1. The appellant is being prosecuted for the offences punishable under Sections 121, 121A and 122 of the Indian Penal Code (for short ‘the IPC’) and Sections 13, 18, 18A and 20 of the Unlawful Activities (Prevention) Act, 1967 (for short ‘the UAPA’). A charge sheet was filed on 7th January 2023. He is shown as accused no. 2 in the charge sheet. The appellant applied for bail before the Special Court under the UAPA, which was rejected. Hence, the appellant and some co-accused applied for bail before the High Court. By the impugned judgment, the prayer for bail made by the appellant was rejected, while bail was granted to a co-accused.

SUBMISSIONS

2. The submission of Ms Mukta Gupta, learned senior counsel, is that there is absolutely no material to link the appellant with the offences under the UAPA. She pointed out that, at highest, the allegation is that the appellant’s wife was the owner of a building known as Ahmad Palace and that the appellant had clandestinely shown that premises on the first floor of the said building were given on rent to one Athar Parwez - accused no. 1. The allegation is that, the first floor premises are being us

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