Search Results for "section 43D(5)"

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Search Results for "section 43D(5)"

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High Court

Bombay High Court Dismisses Bail Appeal of Accused in UAPA Case for Alleged Maoist Links. Court holds that prima facie material including incriminating letters and digital evidence justifies denial of bail under Section 43D(5) of UAPA.

4 May 2026

The appellant, Surendra Gadling, an advocate by profession, was arrested in connection with offences under the Indian Penal Code and the Unlawful Acti...

High Court

Bombay High Court Dismisses Appeals of Accused in UAPA Terror Case, Upholding NIA Investigation and Rejecting Torture Allegations. Court holds that stringent bail conditions under Section 43D(5) of UAPA apply and that delay in raising torture claims without medical evidence is fatal.

22 Apr 2026

The judgment concerns two criminal appeals filed by accused persons (Rajendra Chaudhary and Dhan Singh in Appeal No.107/2026, and Manohar Narwaria and...

Supreme Court

Supreme Court Allows Bail to Accused in UAPA Case for Lack of Prima Facie Evidence of Involvement in Terrorist Activities. The court held that mere association with PFI, not listed as a terrorist organization, and allegations of tampering with evidence do not satisfy the prima facie true test under Section 43D(5) of UAPA.

10 Aug 2023

The appellant, a retired police constable, was arrested on 12th July 2022 and charged under Sections 121, 121A, 122 IPC and Sections 13, 18, 18A, 20 o...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Citing Delay in Trial and No Prima Facie Evidence of Terrorist Act. The court held that the bar under Section 43D(5) of UAPA is not absolute and can be relaxed when the right to speedy trial under Article 21 is violated, and the accused has been in custody for over two years without trial.

29 May 2023

The appellant, Imran Ahmed, was arrested in connection with Spl.C.C.No.141/2021 for offences under Sections 16, 18, 20 of the Unlawful Activities (Pre...

High Court

Bombay High Court Upholds Bail Granted to Accused in NIA Case Involving Explosives and Unlawful Activities — No Prima Facie Case Under UAPA Sections 16, 18, 20. Court finds that mere recovery of gelatine sticks without evidence of terrorist intent does not attract UAPA provisions, and bail conditions are sufficient to secure trial.

21 Dec 2021

The National Investigation Agency (NIA) appealed against the order of the Special Judge granting bail to Respondent No.1, Naresh Ramniklal Gaur @ Gor,...

High Court

Bombay High Court Dismisses Bail Appeal in NIA Case Under UAPA and Explosives Substances Act — Appellant Alleged Co-Conspirator in ISIL Terror Plot. Court Held That Prima Facie Case of Conspiracy and Recovery of Incriminating Material From Appellant's House Attracted Bar Under Section 43D(5) of UAPA, Precluding Grant of Bail.

13 Aug 2021

The appellant, Iqbal Ahmed Kabir Ahmed, was accused No. 3 in a case registered by the National Investigation Agency (NIA) for offences under the India...

High Court

Bombay High Court Dismisses NIA Appeal Against Bail Granted to Accused in UAPA Case — Bail Upheld on Grounds of No Prima Facie Case of Terrorist Act. Court held that mere association with ISIS without evidence of conspiracy to commit terrorist acts does not attract Section 16 of UAPA, and Section 43D(5) bar on bail is not triggered.

23 Feb 2021

The National Investigation Agency (NIA) appealed against an order dated 17/03/2020 passed by the Additional Sessions Judge and Special Judge under the...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Case Under UAPA and IPC — No Prima Facie Evidence of Conspiracy or Terrorist Act. The court held that the bar under Section 43D(5) of UAPA does not apply when the accusations are not prima facie true, and the appellant's role was not clearly established in the charge sheet.

2 Aug 2019

The appellant, Asim Shariff, accused No.5, filed a criminal appeal under Section 21 of the National Investigation Agency Act, 2008, challenging the or...

Supreme Court

Supreme Court Upholds Denial of Bail to Accused in Terror Funding Case Under Unlawful Activities (Prevention) Act, 1967 — High Court Order Set Aside for Erroneous Application of Section 43D(5) Bar. The Court held that the bar under Section 43D(5) applies when the court finds a prima facie case, and the High Court's approach was contrary to law.

1 Mar 2019

The Supreme Court allowed the appeal filed by the National Investigation Agency (NIA) against the Delhi High Court's order granting bail to Zahoor Ahm...

High Court

Bombay High Court Grants Bail to Alleged Maoist Members in UAP Act Case — Insufficient Evidence of Terrorist Activity. Mere Membership of Banned Organization Without Active Participation Does Not Attract Stringent Bail Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967.

3 Oct 2012

The judgment concerns two bail applications filed by Jyoti Babasaheb Chorge (Accused No.4) and Sushma Hemant Ramtekke (Accused No.2) in Sessions Case ...

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