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Supreme Court

Supreme Court Allows Bail for Accused in UAPA Case Due to Lack of Prima Facie Evidence and Prolonged Incarceration. Court Holds That Statutory Restrictions Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967 Do Not Oust Constitutional Courts' Power to Grant Bail Based on Fundamental Rights Violations and Trial Delays.

28 Oct 2021

The Supreme Court dealt with two criminal appeals arising from a Kerala High Court judgment concerning bail granted to accused persons under the Unlaw...

Supreme Court

Supreme Court Refers to Larger Bench the Question Whether Mere Membership of a Banned Organization is Punishable Under Section 10 of UAPA, 1967 — Earlier Decisions in Arup Bhuyan and Raneef Holding That Mere Membership Does Not Incriminate Without Violence or Incitement Are Reconsidered as Union of India Was Not Heard.

24 Mar 2023

This judgment arises from a reference to a larger Bench of the Supreme Court of India, questioning the correctness of the decisions in Arup Bhuyan v. ...

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 ...

High Court

High Court of Karnataka Dismisses Bail Appeal in NIA Case — Accused No.16 in Terror Conspiracy Case Denied Bail Due to Prima Facie Involvement and Flight Risk. The court held that the accused's active participation in the conspiracy and the serious nature of offences under the Unlawful Activities (Prevention) Act, 1967 and Indian Penal Code, 1860 warranted denial of bail.

15 Jun 2023

The appellant, Zabiulla @ Zabibulla, accused No.16 in Spl.C.C.No.320/2020, filed a criminal appeal under Section 21(4) of the National Investigation A...

High Court

High Court of Karnataka Grants Bail to Accused in NIA Murder Case on Grounds of Parity and Delay in Trial. Appellants Accused of Murder Under Section 302 IPC and Offences Under Unlawful Activities (Prevention) Act Granted Bail as Co-Accused Already Released.

1 Jul 2022

The appellants, accused Nos. 1 and 4, filed a criminal appeal under Section 21(4) of the NIA Act challenging the order dated 21.04.2021 passed by the ...

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...

Supreme Court

Supreme Court Grants Bail to Accused in Unlawful Activities (Prevention) Act Case Due to Lack of Prima Facie Evidence for Terror Funding. Payment of Extortion Money Under Duress for Business Operations Does Not Constitute Terror Funding Under Section 17 of Unlawful Activities (Prevention) Act, 1967.

9 Apr 2021

The dispute arose from a criminal appeal concerning bail denial to an accused charged with multiple offences, including under the Unlawful Activities ...

High Court

Bombay High Court Grants Bail to MCOCA Accused in Ahmedabad Bomb Blasts Case Due to Parity with Co-Accused and Long Incarceration Without Trial. Parity with co-accused who were granted bail and prolonged detention without trial justified bail under MCOCA.

23 Jul 2014

The applicant, Yasir Sayyed Anis Sayyed @ Hujefa, was accused no.13 in MCOC Special Case No.4 of 2009 pending before the Special Court under the MCOC ...

Supreme Court

Supreme Court Dismisses Bail Appeal in Terrorism Case Under UAPA Due to Prima Facie Evidence and National Security Risks. Bail Denied as Court Found Reasonable Grounds to Believe Accusation True Under Section 43D(5) of Unlawful Activities (Prevention) Act, 1967, Based on Disclosure Statements and Terror Module Involvement.

1 Feb 2024

The appeal arose from the dismissal of a bail application by the appellant, an accused in a terrorism-related case involving charges under the Indian ...

High Court

Bombay High Court Grants Bail to Accused in MCOCA Case Due to Parity with Co-Accused and Delay in Trial. Applicant, in custody since 2008, granted bail as trial not commenced and case similar to co-accused who was already bailed.

4 Dec 2012

The applicant, Afroz Firoz Mujawar @ Dastagir, was accused No. 19 in MCOC Act Special Case No. 4 of 2009 pending before the Special Court under the MC...

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