2024 (8) TMI 1584 - SCH - Indian Laws

Denial of bail - offences punishable under Sections 10 13 17 38(1)(2) 40 22-A and 22-C of the Unlawful Activities (Prevention) Act 1967 and cognate provisions of the Chhattisgarh Vishesh Jan Suraksha Act 2005 and the Indian Penal Code 1860 - HELD THAT - The continued detention of the petitioner would not subserve the ends of justice. There is no likelihood of the early conclusion of the trial. The petitioner is in custody since 6 May 2020. The petitioner is directed be released on bail subject to such terms and conditions as may be imposed by the Special Judge (NIA Act) Kanker in connection with FIR No 9 of 2020 - petition disposed off.

Summary

The Supreme Court of India, in its order dated 16 February 2024, allowed the petitioner's bail application under Section 21(4) of the National Investigation Agency Act 2008, reversing the Division Bench of the High Court of Chhattisgarh's denial. The petitioner faced charges under multiple sections of the Unlawful Activities (Prevention) Act 1967, the Chhattisgarh Vishesh Jan Suraksha Act 2005, and the Indian Penal Code 1860, related to FIR No. 9 of 2020.Key legal reasoning included: - Out of 14 accused, 12 had already been granted bail by the High Court or Supreme Court.- The trial progress was slow, with only 40 out of 100 prosecution witnesses examined.- The petitioner had been in custody since 6 May 2020, and there was "no likelihood of the early conclusion of the trial."- The Court held that "continued detention of the petitioner would not subserve the ends of justice."Bail was granted subject to conditions including weekly reporting to the nearest police station and mandatory attendance at trial dates unless excused by the trial court. The petition was disposed of accordingly.