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2024 (3) TMI 175 - SC - Indian LawsSeeking grant of bail - charges under the UAP Act along with other charges under the Indian Penal Code and Arms Act - reliance placed on disclosure statement - HELD THAT:- The test for rejection of bail is quite plain. Bail must be rejected as a 'rule', if after hearing the public prosecutor and after perusing the final report or Case Diary, the Court arrives at a conclusion that there are reasonable grounds for believing that the accusations are prima facie true. It is only if the test for rejection of bail is not satisfied - that the Courts would proceed to decide the bail application in accordance with the 'tripod test' (flight risk, influencing witnesses, tampering with evidence). This position is made clear by Sub-section (6) of Section 43D, which lays down that the restrictions, on granting of bail specified in Sub-section (5), are in addition to the restrictions under the Code of Criminal Procedure or any other law for the time being in force on grant of bail. The question of entering the 'second test' of the inquiry will not arise if the 'first test' is satisfied. And merely because the first test is satisfied, that does not mean however that the Accused is automatically entitled to bail. The Accused will have to show that he successfully passes the 'tripod test'. The material available on record indicates the involvement of the Appellant in furtherance of terrorist activities backed by members of banned terrorist organization involving exchange of large quantum of money through different channels which needs to be deciphered and therefore in such a scenario if the Appellant is released on bail there is every likelihood that he will influence the key witnesses of the case which might hamper the process of justice. Therefore, mere delay in trial pertaining to grave offences as one involved in the instant case cannot be used as a ground to grant bail. Hence, the aforesaid argument on the behalf the Appellant cannot be accepted. The material on record prima facie indicates the complicity of the Accused as a part of the conspiracy since he was knowingly facilitating the commission of a preparatory act towards the commission of terrorist act Under Section 18 of the UAP Act - Bail application dismissed.
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