AI Overview...
- Default Bail in UAPA Cases - Main points and insights:
- The grant of default bail under UAPA is subject to strict statutory conditions, including the provisions of Sections 15, 16(b), 18, and 20 of UAPA, and Section 439 of CrPC. Courts have emphasized that default bail is not automatically available and depends on compliance with procedural norms. For instance, in Shamsudeen VS State Of Kerala Represented By The Sub Inspector Of Police, Kollam West Police Station, Through The Public Prosecutor - Kerala, the court held that the appellant could not secure default bail due to non-fulfillment of legal requirements.
- Procedural violations, such as the impossibility of findings by the Public Prosecutor, can entitle accused persons to seek default bail (Zeeshan Qamar VS State of NCT Delhi - Delhi).
- The Special Court and higher judiciary have clarified that statutory conditions must be adhered to for extending custody or granting default bail in UAPA cases (SYED SHAHID YOUSUF VS NATIONAL INVESTIGATION AGENCY - Delhi, Shamsudeen VS State Of Kerala Represented By The Sub Inspector Of Police, Kollam West Police Station, Through The Public Prosecutor - Kerala, Chaithanya (A5), S/o. Ramaiah VS Union Of India - Kerala).
- Courts have reiterated that in cases under UAPA, especially when prima facie evidence exists, bail can be refused unless clear evidence to the contrary is presented (SHAMSUDEEN
vs
STATE OF KERALA - Kerala). -
The Supreme Court and High Courts have underscored that procedural safeguards and statutory criteria are essential, and failure to meet these can result in granting or denying bail accordingly (STATE NCT OF DELHI vs ANAMUL ANSARI & ORS. - Delhi, Shamsudeen VS State Of Kerala Represented By The Sub Inspector Of Police, Kollam West Police Station, Through The Public Prosecutor - Kerala).
-
Analysis and Conclusion:
- The jurisprudence indicates a cautious approach towards granting default bail in UAPA cases, emphasizing strict adherence to statutory provisions and procedural norms.
- Violations of procedural requirements or failure to establish prima facie case can lead to denial of bail.
- The courts recognize the gravity of UAPA offences but also uphold the constitutional safeguards against arbitrary detention, ensuring that bail is granted only when statutory conditions are satisfied.
- Overall, default bail in UAPA cases is not a right but a privilege that depends on compliance with legal mandates and procedural fairness.
References:
- Shamsudeen VS State Of Kerala Represented By The Sub Inspector Of Police, Kollam West Police Station, Through The Public Prosecutor - Kerala
- Zeeshan Qamar VS State of NCT Delhi - Delhi
- SYED SHAHID YOUSUF VS NATIONAL INVESTIGATION AGENCY - Delhi
- STATE NCT OF DELHI vs ANAMUL ANSARI & ORS. - Delhi
- SHAMSUDEEN
vs
STATE OF KERALA - Kerala
- Chaithanya (A5), S/o. Ramaiah VS Union Of India - Kerala
- Missu Ram vs State of Himachal Pradesh - Himachal Pradesh
- Mehar Singh vs State of Himachal Pradesh - Himachal Pradesh
- Tilak Raj vs State of Himachal Pradesh - Himachal Pradesh
- ARVIND DHAM vs UNION OF INDIA - Delhi
Search Results for "Case Law Realed to Default Bail in Uapa Act Cases"
2023 0 Supreme(Ker) 284 • India - Kerala
ALEXANDER THOMAS, C. S. SUDHA
Appellant is the accused in similar offences in three or four other crimes and he could secure default bail in some other crimes ... law for time being in force on grant of bail(Para 15). ... [UAPA], 1967 - Secs.15, 16(b), 18 & 20 – Criminal Procedure Code, 1973 - Sec.439 – Bail – Crl Appeal – Attempt to Murder – Criminal ... Hence, the appellant could not secure default#HL_END....
2023 0 Supreme(Del) 1069 • India - Delhi
MUKTA GUPTA, ANISH DAYAL
impossibility in findings of the Public Prosecutor constitutes a violation of procedural norms, thus entitling the appellants to seek default ... bail. ... (A) Unlawful Activities (Prevention) Act, 1967 - Section 43D(2)(b) - Code of Criminal Procedure, 1973 - Section 167 - Extension of ... or default bail. ... 'default'. ... Meanwhile, the appellants moved an application seeking #HL_STAR....
2018 0 Supreme(Del) 1281 • India - Delhi
S.MURALIDHAR, I.S.MEHTA
The case involves an FIR registered under Sections 17, 18 and 20 of the Unlawful Activities Prevention Act, 1967 (UAPA) read with ... NIA - Statutory Bail - UAPA 1967, Section 167(2) Cr PC - Summary Fact of the Case: The Appellant challenges two orders ... passed by the Special Court, NIA, Patiala House Courts, New Delhi dated 5th February 2018 and 7th March 2018, seeking statutory #HL_....
2024 Supreme(Online)(Del) 33539 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
PRATHIBA M. SINGH, AMIT SHARMA, JJ
2, 60) ... ... (B) The prosecution must adhere to statutory conditions for extending custody under UAPA ... as under qua imposition of stringent conditions in cases of default bail: “15. ... Recently, the Supreme Court, in a case involving grant of default bail under the a href="./.. ... to default bail if the application for exten....
2023 Supreme(Online)(KER) 19258 • India - High Court of Kerala
ALEXANDER THOMAS, C.S. Sudha, JJ
Bail - Criminal Conspiracy - National Investigation Agency Act - Sec 21(4), Unlawful Activities (Prevention) Act - Sec 43-D(5) ... under the UAPA. ... a prima facie case exists, bail must be refused, unless there is clear evidence to the contrary. ... Hence, the appellant could not secure default bail in the instant case. ... We also ....
2023 0 Supreme(Ker) 250 • India - Kerala
ALEXANDER THOMAS, C. S. SUDHA
not, in any manner, even remotely prejudice contentions in other appropriate proceedings that may be raised in manner known to law ... National Investigation Agency (NIA) Act, 2008 - Section 21(4) – Criminal Procedure Code, 1973 – Section ... 439, 156, 164, 304, 177, 178, 179, 180 - Unlawful Activities (Prevention) Act, 1967 - Section 43D(5), 18, A, B, 20, 38, 39 - Arms ... So also, A-5 herein could secure default #HL_STAR....
2025 Supreme(Online)(HP) 1632 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
RANJAN SHARMA
UAPA .
2025 0 Supreme(HP) 912 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
Section 52 -A of NDPS Act by magistrate after taking out two samples of 26 gms each and sealed with court seals ... That was also a case under Sections 10, 13, 17, 18, 18A, 18B, 20, 21, 38, 39 and 40(2)of the UAPA.
2025 0 Supreme(HP) 1066 • India - IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MR. JUSTICE RANJAN SHARMA
MOTOR VEHICLES ACT - Section 181 - Bail petition for the accused seeking bail after 1 year and 8 months of incarceration for selling ... (Paras 12 and 18) ... ... Facts of the case: ... The petitioner, accused of possessing 1.509 ... (A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act - Sections 20 and 29 - ... But the fact that he was not able to ....
2024 Supreme(Online)(Del) 33301 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
ANISH DAYAL, J
(A) Prevention of Money Laundering Act, 2002 - Section 19 - Constitutional safeguards against arbitrary detention - Challenge to ... In one of the cases even if allegations are taken on face value, the total default amount would be Rs.673 crores. ... The Group continued to default despite best efforts of lenders led by the Reserve Bank of India. ... Term Loan of Rs.200 Crores, funds were disbursed on 31st October 2012, but....
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