Unlawful Activities (Prevention) Act, 1967

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case: Akhil Gogoi vs. National Investigation Agency (2023) INSC 392 (18 April 2023)

/ Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 124A, Indian Penal Code, 1860 with Section 153A, Judges, National Investigation Agency Act, 2008, National Investigation Agency Act, 2008 with Section 20, Pankaj Mithal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 18, Unlawful Activities (Prevention) Act, 1967 with Section 39, V. Ramasubramanian

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case Date of the Judgment: 18 April 2023 Citation: (2023) INSC 392 Judges: V. Ramasubramanian, J. and Pankaj Mithal, J. Can an individual be granted bail even when the High Court has overturned a lower court’s order of discharge? The Supreme Court addressed […]

Supreme Court Grants Bail Despite Upholding High Court Order in Unlawful Activities Case: Akhil Gogoi vs. National Investigation Agency (2023) INSC 392 (18 April 2023) Read Post »

Supreme Court Grants Bail to Accused in UAPA Case: Yedala Subba Rao & Anr. vs. Union of India (17 April 2023)

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Criminal Conspiracy, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 302, Judges, Offences under UAPA, Rajesh Bindal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Grants Bail in UAPA Case: Yedala Subba Rao vs. Union of India (2023) LEGAL ISSUE: Whether the accused are entitled to bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) given the stringent conditions for bail under the act. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act (UAPA) Case Name: Yedala Subba Rao

Supreme Court Grants Bail to Accused in UAPA Case: Yedala Subba Rao & Anr. vs. Union of India (17 April 2023) Read Post »

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349

/ Abhay S. Oka, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Evidence Act, 1872, Indian Evidence Act, 1872 with Section 25, Indian Evidence Act, 1872 with Section 27, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 302, Judges, Offences related to terrorist acts, Rajesh Bindal, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 LEGAL ISSUE: Whether the accused should be granted bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) when there is a lack of prima facie evidence. CASE TYPE: Criminal Case Name: Yedala

Supreme Court Grants Bail in UAPA Case Citing Lack of Prima Facie Evidence: Yedala Subba Rao vs. Union of India (2023) INSC 349 Read Post »

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023)

/ B.R. Gavai, Bail, Criminal Law, Judges, Sanjay Karol, Terrorism Financing, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 39, Unlawful Activities (Prevention) Act, 1967 with Section 40, Unlawful Activities (Prevention) Act, 1967 with Section 43D

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023) LEGAL ISSUE: Whether government employees who were coerced into paying money to a terrorist organization can be denied bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA). CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act Case Name: Kekhriesatuo Tep etc.

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023) Read Post »

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023)

/ B.R. Gavai, Bail, Criminal Law, Judges, Offences, Sanjay Karol, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 39, Unlawful Activities (Prevention) Act, 1967 with Section 40, Unlawful Activities (Prevention) Act, 1967 with Section 43D(5)

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023) LEGAL ISSUE: Whether government employees coerced into paying funds to a terrorist organization should be denied bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA). CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act, 1967. Case Name: Kekhriesatuo Tep etc. vs.

Supreme Court Upholds Bail for Government Employees in UAPA Case: Kekhriesatuo Tep vs. NIA (2023) Read Post »

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 439, Hrishikesh Roy, Judges, K.M. Joseph, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D(5)

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022) Date of the Judgment: April 11, 2022 Citation: Jahir Hak vs. The State of Rajasthan (2022) INSC 375 Judges: Hon’ble Mr. Justice K.M. Joseph and Hon’ble Mr. Justice Hrishikesh Roy Can an undertrial prisoner be kept in custody

Supreme Court Grants Bail in UAPA Case Citing Prolonged Incarceration: Jahir Hak vs. State of Rajasthan (2022) Read Post »

Supreme Court Upholds Default Bail Under UAPA: State of Madhya Pradesh vs. Sadique and Ors. (2022)

/ Bail, Bela M. Trivedi, Criminal Law, Criminal Procedure, Default Bail, Extension of Investigation Time, Judges, S. Ravindra Bhat, Uday Umesh Lalit, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43-D

Supreme Court Dismisses Review Petition on Default Bail Under UAPA Date of the Judgment: March 15, 2022 Citation: Review Petition (Criminal) No. of 2022 (Arising out of Diary No. 1930 of 2022) in Criminal Appeal No. 963 of 2021 Judges: Uday Umesh Lalit, J., S. Ravindra Bhat, J., Bela M. Trivedi, J. Can a Magistrate

Supreme Court Upholds Default Bail Under UAPA: State of Madhya Pradesh vs. Sadique and Ors. (2022) Read Post »

Supreme Court Grants Bail to Accused After 9.5 Years of Incarceration: Ashim Kumar vs. National Investigation Agency (2021)

/ Abhay S. Oka, Ajay Rastogi, Constitution of India, Constitution of India with Article 21, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 120B, Indian Penal Code, 1860 with Section 121, Indian Penal Code, 1860 with Section 122, Judges, National Investigation Agency Act, 2008, National Investigation Agency Act, 2008 with Section 11, National Investigation Agency Act, 2008 with Section 19, National Investigation Agency Act, 2008 with Section 22, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 18, Unlawful Activities (Prevention) Act, 1967 with Section 20, Unlawful Activities (Prevention) Act, 1967 with Section 40

Supreme Court Grants Bail to Accused After 9.5 Years of Incarceration: Ashim Kumar vs. National Investigation Agency (2021) LEGAL ISSUE: Whether an accused can be granted bail considering the long period of incarceration as an undertrial, despite the stringent provisions of the Unlawful Activities (Prevention) Act, 1967. CASE TYPE: Criminal Case Name: Ashim @ Asim

Supreme Court Grants Bail to Accused After 9.5 Years of Incarceration: Ashim Kumar vs. National Investigation Agency (2021) Read Post »

Supreme Court Grants Bail in UAPA Case: Thwaha Fasal vs. Union of India (2021)

/ Abhay S. Oka, Ajay Rastogi, Indian Penal Code, Indian Penal Code with Section 120-B, Judges, Offences relating to membership of a terrorist organization, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 38, Unlawful Activities (Prevention) Act, 1967 with Section 43D(5)

Supreme Court Grants Bail in UAPA Case: Thwaha Fasal vs. Union of India (2021) LEGAL ISSUE: Whether the accused were rightly denied bail under the Unlawful Activities (Prevention) Act, 1967 (UAPA) considering the stringent provisions for bail. CASE TYPE: Criminal Law, Unlawful Activities (Prevention) Act, 1967 Case Name: Thwaha Fasal v. Union of India and

Supreme Court Grants Bail in UAPA Case: Thwaha Fasal vs. Union of India (2021) Read Post »

Supreme Court Upholds State Police’s Investigation Powers in NIA Cases: Naser Bin Abu Bakr Yafai vs. State of Maharashtra (20 October 2021)

/ BV Nagarathna, Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 154, Code of Criminal Procedure, 1973 with Section 167, Dhananjaya Y Chandrachud, Judges, National Investigation Agency Act, 2008, National Investigation Agency Act, 2008 with Section 10, National Investigation Agency Act, 2008 with Section 22, National Investigation Agency Act, 2008 with Section 6, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D, Vikram Nath

Supreme Court Upholds State Police’s Investigation Powers in NIA Cases: Naser Bin Abu Bakr Yafai vs. State of Maharashtra (2021) LEGAL ISSUE: Whether the State Police can continue an investigation under the Unlawful Activities (Prevention) Act, 1967 (UAPA) after the National Investigation Agency (NIA) is directed to take over the case, and whether a Chief

Supreme Court Upholds State Police’s Investigation Powers in NIA Cases: Naser Bin Abu Bakr Yafai vs. State of Maharashtra (20 October 2021) Read Post »

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC (12 May 2021)

/ Code of Criminal Procedure, 1973, Code of Criminal Procedure, 1973 with Section 167, Code of Criminal Procedure, 1973 with Section 428, Code of Criminal Procedure, 1973 with Section 57, Constitutional Law, Constitutional Law with Article 21, Constitutional Law with Article 22, Judges, K.M. Joseph, Uday Umesh Lalit, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43(D)(2)

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC Date of the Judgment: 12 May 2021 Citation: (2021) INSC 290 Judges: Uday Umesh Lalit, J., K.M. Joseph, J. Can house arrest be considered as custody under Section 167 of the Code of Criminal Procedure (CrPC)? The Supreme Court of India recently

Supreme Court Denies Default Bail: House Arrest Not Custody Under Section 167 CrPC (12 May 2021) Read Post »

Supreme Court Upholds Bail for UAPA Accused Citing Prolonged Incarceration: Union of India vs. K.A. Najeeb (2021)

/ Aniruddha Bose, Constitutional Law, Constitutional Law with Article 21, Fundamental Rights, Indian Penal Code, 1860, Indian Penal Code, 1860 with Section 147, Judges, N.V. Ramana, Offences against Public Tranquility, Surya Kant, Unlawful Activities (Prevention) Act, 1967, Unlawful Activities (Prevention) Act, 1967 with Section 43D(5)

Supreme Court Upholds Bail for UAPA Accused Citing Prolonged Incarceration: Union of India vs. K.A. Najeeb (2021) LEGAL ISSUE: Can a person accused under the Unlawful Activities (Prevention) Act, 1967 be granted bail despite the stringent conditions under Section 43D(5) of the Act, if there is a prolonged delay in the trial? CASE TYPE: Criminal

Supreme Court Upholds Bail for UAPA Accused Citing Prolonged Incarceration: Union of India vs. K.A. Najeeb (2021) Read Post »

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