Code of Criminal Procedure, 1973 – s.439 – Penal Code, 1860 – 120-B – Arms Act, 1959 – s.25(1B)(a) – Unlawful Activities Prevention Act, 1967 – ss.18, 18-A, 18-B, 19, 20, 38 & 39 – Trial Court rejected the application for grant of bail of both the accused nos.11 and 20 – Both the accused preferred criminal appeal before the High Court – By the impugned order, the High Court granted bail to the accused no.11 and rejected the prayer for bail of accused no.20 – Correctness: Held: 1. The impugned order passed by the High Court has dealt with all the aspects in great detail – The reasons given for grant of bail to accused no.11 and the reasons given for refusal to grant bail to accused no.20, in considered opinion of this Court is fully justified and reasonable. [Para 8]
2. While dealing with the prayer for bail of accused no.11, the High Court noticed that the allegations found in the charge-sheet related to his connections with an organisation by the name of AL-Hind, which admittedly is not a banned organisation under the schedule to UAPA – Therefore, to say that he was attending meetings of the said organisation, AL-Hind and others would not amount to any prima facie offence – Further, it is admitted position at the bar that the charges have not been framed so far and trial has not commenced even though the accused have been in custody for 5-1/2 years – Insofar as the accused no.20 is concerned, the High Court has found his involvement with banned terrorist organisations, his active role in operating dark web and assisting the members of the banned terrorist organisations – The reasons given by the High Court are based upon the material collected during investigation and as reflected in the charge-sheet – The High Court further noticed the involvement of accused no.20 in another case under UAPA. [Paras 9, 11]
As published in the Supreme Court Reports, Supreme Court of India. Headnotes prepared by: Ankit Gyan. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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