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2024 (1) TMI 1286 - SC ORDERRejection of bail - covert or overt Act of terrorism - proviso to Section 43D(5) of the Unlawful Activities (Prevention) Act, 1967 - HELD THAT:- This Court had the occasion to examine the provisions of Section 43D(5) proviso inserted by Act 35 of 2008, in the case of NATIONAL INVESTIGATION AGENCY VERSUS ZAHOOR AHMAD SHAH WATALI [2019 (4) TMI 2023 - SUPREME COURT]. The ratio indicates that the Court must be satisfied that there are reasonable grounds for believing the accusation against the accused are prima facie, not true. Proceeding with the understanding of the law enunciated by this Court in Watali and the discussion of the same ratio in the case of Vernon Vs. The State of Maharashtra & Anr. [2023 (7) TMI 1384 - SUPREME COURT], together with the materials in the shape of the chargesheet made available before this Court and looking into the criminal antecedent of the accused in a case of similar nature, the bail is not merited in the present matter. The SLP is dismissed.
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