7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence
7 months ago

7/16 Bhima Koregaon Accused Get Bail, Courts Raise Prima Facie Doubts About Evidence

Live Law  

The Bhima Koregaon case, in which several activists and academicians have been incarcerated under the draconian Unlawful Activities Act 1967 over alleged Maoist links, raises a big question mark on India's civil liberties framework. Moreover, the doubts about the sustainability of the allegations are fortified by the repeated observations made by the Bombay High Court and the Supreme Court in the judgments granting bail to some of the accused. While granting bail to academician, writer and social activist Professor Anand Teltumbde, the High Court raised several prima facie doubts about the case. While granting bail to former Nagpur University Professor Shoma Kant Sen nearly six years after her arrest, the Supreme Court observed that the allegations against can't be believed to be prima facie true. While granting bail to journalist and activist Gautam Navlakha, the Bombay High Court in its December 2023 judgment observed that there was no prima facie case against him.

Evidence Court Bail Courts Case Maoist Accused High Supreme Nia Prima Facie Prima Uapa Bail Order Saibaba Father Stan Swamy Facie Teltumbde 1967 Act  courts  supreme  evidence  raise  doubts  prima  koregaon  facie  accused  court  bhima  bail  hc  high  case  uapa

History of this topic

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder
5 months, 4 weeks ago

Must Guard Against Ideological Biases, False Narratives In Terrorism Cases: Kerala HC Grants Bail To 17 PFI Members Accused In RSS Leader's Murder

Live Law  

The Kerala High Court today held that while considering allegations of terrorism and related offences under the Unlawful Activities Act, 1967, the Courts should not get carried away by confirmation bias that might creep in based on ideological biases and false narratives prevalent in the society. “Over and above the principles gleaned from the precedents referred above, we feel that …

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas
6 months ago

Nature & Gravity Of Offence Taken Into Account While Considering Anticipatory Bail: Rajasthan High Court Denies Relief For Forging Pattas

Live Law  

Rajasthan High Court has denied anticipatory bail to the person charged under five different FIRs for forging “pattas” that were never actually issued by the Ajmer Development Authority and taking lakhs of rupees from complainants to distribute these fabricated pattas and documents. A bench of Justice Anoop Kumar Dhand said, “While considering an application for grant of anticipatory bail, no …

Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case
8 months, 2 weeks ago

Supreme Court Grants Bail To Shoma Sen In Bhima Koregaon Case

Live Law  

The Supreme Court granted bail to former Nagpur University professor Shoma Sen, who is booked under the Unlawful Activities Prevention Act 1967 for alleged Maoist links in connection with the Bhima Koregaon case.She was arrested on June 6, 2018, and has been under custody since then, awaiting trial. The Supreme Court granted bail to former Nagpur University professor Shoma Sen, …

’Acquitting GN Saibaba in Maoist link case is well reasoned,’ says SC
9 months, 1 week ago

’Acquitting GN Saibaba in Maoist link case is well reasoned,’ says SC

Live Mint  

Supreme Court on Monday refused to stay the Bombay HC judgment acquitting Prof GN Saibaba and others in UAPA case over alleged Maoist links. Bench led by Justice BR Gavai said that acquitting Prof GN Saibaba in Maoist links case is prima facie ‘well reasoned’. G N Saibaba, former Delhi University professor was released from the Nagpur Central Jail on …

G.N. Saibaba | Wheeling into freedom
9 months, 2 weeks ago

G.N. Saibaba | Wheeling into freedom

The Hindu  

Till 1997, before he came to Delhi, G.N. I am in shooting pain,” he says recalling his days in the “dystopian” cell of Nagpur jail without proper medical care, where he had to be carried to the toilet by fellow prisoners. ‘Dodgy evidence’ In October 2022, the Bombay High Court set aside his life imprisonment and concluded that the proceedings …

Bhima Koregaon case | Bombay HC grants bail to Mahesh Raut but stays it for a week
1 year, 3 months ago

Bhima Koregaon case | Bombay HC grants bail to Mahesh Raut but stays it for a week

The Hindu  

The Bombay High Court on Thursday granted bail to Mahesh Raut an accused in the Bhima Koregaon caste violence case but stayed it for one week on the National Investigation Agency’s request. A Division Bench of justices A.S. Gadkari and Sharmila Deshmukh was hearing a bail plea filed by Mr. Raut, 35, who is in Taloja Central Jail after the …

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court
1 year, 4 months ago

UAPA - 'Watali' Precedent Won't Apply If Evidence Is Of Low Probative Value On Surface Level Analysis : Supreme Court

Live Law  

The Supreme Court's decision to grant bail to Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira appears to have carved out a crucial exception in an otherwise unyielding interpretation of the court's bail-granting powers under the Unlawful Activities Act, which flows from the Zahoor Ahmad Watali judgement. While deprecating the Delhi High Court's 'approach', the Supreme Court held that …

Bhima-Koregaon: Bail for 2 activists after 5 yrs
1 year, 4 months ago

Bhima-Koregaon: Bail for 2 activists after 5 yrs

Hindustan Times  

The Supreme Court on Friday granted bail to Vernon Gonsalves and Arun Ferreira, ending their nearly five-year-long incarceration on charges of alleged Maoist links in connection with the 2018 Bhima Koregaon violence case. The allegations are serious, no doubt, but for that reason alone, bail cannot be denied to them,” the bench said, setting aside a 2019 Bombay high court …

Elgar Parishad case: NIA opposes Mahesh Raut’s bail plea in HC, claims he acted against interest of state
1 year, 5 months ago

Elgar Parishad case: NIA opposes Mahesh Raut’s bail plea in HC, claims he acted against interest of state

Hindustan Times  

MUMBAI: The National Investigation Agency, while opposing the appeal of Elgar Parishad accused Mahesh Raut in the Bombay high court, said he was instrumental in recruiting people for the banned CPI and involved in anti-national activities. The NIA submitted an affidavit to the division bench of justice AS Gadkari and justice SG Dige, which was hearing Raut’s appeal through advocate …

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC
1 year, 6 months ago

Threat to safety of civil society can’t be ignored in deciding bail plea of accused in terrorist activities: HC

The Hindu  

What the court has to bear in mind is not only the rights and liberties of the accused but also the threat to safety of civil society when deciding the bail pleas of persons accused of terrorist activities, said the High Court of Karnataka. A Division Bench comprising Justice Krishna S. Dixit and Justice Pradeep Sing Yerur made these observations …

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC
1 year, 6 months ago

Section 106 Evidence Act Not Attracted Unless Prosecution Prima Facie Discharges Initial Burden Of Establishing Guilt Of Accused: Allahabad HC

Live Law  

The Allahabad High Court has recently observed that Section 106 of the Indian Evidence Act cannot be attracted in a case unless the initial burden of establishing the guilt of the accused is prima facie discharged by the prosecution. In this regard, the Court also referred to the Apex Court’s ruling in the case of Nagendra Sah Vs. the State …

Allahabad HC says Mukhtar Ansari gang most dreaded gang of India, denies bail to member
1 year, 9 months ago

Allahabad HC says Mukhtar Ansari gang most dreaded gang of India, denies bail to member

The Hindu  

The Allahabad High Court has denied bail to a member of the Mukhtar Ansari gang in a 2010 murder case in Mau district in which the jailed gangster-turned-politician is also an accused. The court said Ansari's gang is the "most dreaded criminal gang of India" and it is possible that the accused, Ramu Mallah, could influence witnesses and their deposition …

Bhima Koregaon Case: Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira
1 year, 9 months ago

Bhima Koregaon Case: Supreme Court Reserves Verdict In Bail Pleas Of Vernon Gonsalves and Arun Ferreira

Live Law  

The Supreme Court on Friday reserved its verdict on the bail applications of Bhima Koregaon-accused and activists Vernon Gonsalves and Arun Ferreira, both of whom have been lodged in jail since August 2018 for alleged offences under the Unlawful Activities Act, 1967. Arguments of the Appellants Senior advocates Rebecca John and R. Basant, appearing for Gonsalves and Ferreira respectively, over …

'Suspicion, Howsoever High, Can't Replace Proof of Guilt': Calcutta HC Acquits Two Acid Attack Convicts
1 year, 11 months ago

'Suspicion, Howsoever High, Can't Replace Proof of Guilt': Calcutta HC Acquits Two Acid Attack Convicts

News 18  

The Calcutta High Court recently acquitted two men convicted in an acid attack case by the trial court, holding that the suspicion of the prosecution in the matter was not sufficient to incriminate the accused. Suspicion, howsoever high, cannot take place of proof of guilt.” The court found that in the present case, there were contradictory versions of the incident …

'Apprehension Of Justice Being Thwarted Because Of Unholy Political Nexus': P&H High Court Denies Bail To Accused In 2014 Murder Case
1 year, 11 months ago

'Apprehension Of Justice Being Thwarted Because Of Unholy Political Nexus': P&H High Court Denies Bail To Accused In 2014 Murder Case

Live Law  

Observing that there is a likelihood of them threatening witnesses and apprehension of justice being thwarted because of an "unholy political nexus", the Punjab and Haryana High Court has denied bail to four accused in a 2014 case of murder of a youth from Tarn Taran. The court further noted that under political patronage enjoyed by the accused persons, the …

Elgar Parishad case: HC says evidence against Anand Teltumbde insufficient, grants him bail
2 years, 1 month ago

Elgar Parishad case: HC says evidence against Anand Teltumbde insufficient, grants him bail

Hindustan Times  

Mumbai: “We are of the prima-facie opinion that on the basis of material placed before us by NIA, it cannot be concluded that Appellant has indulged into a terrorist act,” the Bombay high court said on Friday while granting bail to Elgar Parishad case accused Anand Teltumbde. The 56-page order delivered by the division bench of justice AS Gadkari and …

'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order
2 years, 1 month ago

'Prima Facie Can't Say Anand Teltumbde Was Involved In Any Terrorist Activity Under UAPA': Bombay High Court In Bail Order

Live Law  

In its detailed order granting bail to Anand Teltumbde on merits, the Bombay High Court said prima facie "it cannot be concluded that Teltumbde has indulged in a terrorist act," in the Bhima Koregaon – Elgaar Parishad Case. Letters Under Realm of Presumption After analysis, the Bombay High Court noted that prima facie the five letters cited against Anand Teltumbde, …

Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA
2 years, 3 months ago

Case Based On Suspicion And Confession Statement: Madras High Court Grants Bail To Man Charged Under UAPA

Live Law  

The Madras High Court recently granted bail to a man after observing that the entire case against him was based on suspicion and case was taken based on the confession statement. The court noted that while considering bail application for offences falling under Chapter IV of the UAPA Act, the court had to first form an opinion as to whether …

Supreme Court grants interim bail to Alt News co-founder Mohammed Zubair
2 years, 5 months ago

Supreme Court grants interim bail to Alt News co-founder Mohammed Zubair

The Hindu  

The Supreme Court on Wednesday ordered the forthwith release of Alt News co-founder Mohammed Zubair on interim bail in First Information Reports registered against him by the Uttar Pradesh Police accusing him of hurting religious feelings on Twitter. Justice Chandrachud, speaking for the court in the order, observed there was “absolutely no reason or justification” for the Uttar Pradesh Police …

"Highly Influential Person Having Political Clout, May Tamper With Evidence": ED Opposes Karti Chidambaram's Anticipatory Bail Plea In Visa Scam Case
2 years, 5 months ago

"Highly Influential Person Having Political Clout, May Tamper With Evidence": ED Opposes Karti Chidambaram's Anticipatory Bail Plea In Visa Scam Case

Live Law  

Opposing the anticipatory bail plea of Congress MP Karti P Chidambaram in an alleged Chinese vivas scam case, the Enforcement Directorate has told the Delhi High Court that Karti is a highly influential person having sufficient political clout and that there is an apprehension that he may influence the witnesses and tamper with evidences.Further stating that Karti has not been …

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration
2 years, 5 months ago

Discussions About Working For Islam Not Incriminating: Bombay High Court Grants Bail To Man Accused Of IS Links After 7 Years Of Incarceration

Live Law  

The Bombay High Court has granted bail to a man from Parbhani, accused of taking an oath of allegiance to the banned terror organisation Islamic State and booked under the Unlawful Activities Act. A division bench of Justices Revati Mohite Dere and VG Bisht granted bail to Mohammad Raisuddin noting that laboratories had given divergent views connecting "oath" document to …

Delhi court denies bail to Sharjeel Imam in larger conspiracy case
2 years, 8 months ago

Delhi court denies bail to Sharjeel Imam in larger conspiracy case

The Hindu  

A Delhi court on Monday rejected the bail plea of JNU student Sharjeel Imam in the Delhi riots larger conspiracy case, accused under the Unlawful Activities Act. The order in the matter was passed by Additional Sessions Judge Amitabh Rawat, who in his order said he was of the prima facie opinion that the allegations against Imam were “prima facie …

CBI plea against bail to CPI(M) members accused of murdering RSS member rejected by SC
2 years, 9 months ago

CBI plea against bail to CPI(M) members accused of murdering RSS member rejected by SC

Op India  

The Supreme Court on Friday rejected a Special Leave Petition filed by the Central Bureau of Investigation demanding a stay on an order passed by the Kerala High Court grating bail to CPI members accused of “brutally killing” an RSS member. However, the premier probe agency also contended that the Kerala HC granted bail through the impugned order in 2021 …

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case
3 years, 1 month ago

"Boyfriend Remained Silent Spectator When His Beloved Was Brutally Sexually Assassinated": Allahabad HC Denies Bail In Gang-Rape Case

Live Law  

The Allahabad High Court recently denied bail to a person accused of gang-raping his girlfriend, along with three other persons noting that he remained silent spectator when co-accused persons were brutally sexually assassinating his beloved in front of him. Unfortunately, it was further argued, when the victim was busy in that act, remaining co-accused persons also reached on the spot …

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court
3 years, 1 month ago

UAPA - If Chargesheet Does Not Reveal Prima Facie Case, Embargo For Bail Under Sec 43D(5) Won't Apply : Supreme Court

Live Law  

The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted if the chargesheet does not reveal a prima facie case. The Supreme Court has held that the embargo for grant of bail under Section 43D of the Unlawful Activities Prevention Act will not be attracted …

Elgar Parishad Case: HC Asks NIA to File Reply to Anand Teltumbde's Bail Plea
3 years, 2 months ago

Elgar Parishad Case: HC Asks NIA to File Reply to Anand Teltumbde's Bail Plea

News 18  

The Bombay High Court on Wednesday directed the National Investigation Agency to file a reply to a bail plea of professor Anand Teltumbde, an accused in the Elgar Parishad-Maoist links case. A bench of Justices Nitin Jamdar and SV Kotwal directed the NIA to file its reply on his plea within two weeks.In his plea filed through senior counsel Mihir …

Intention To Further Activities Of Terrorist Organization Mandatory For Offences Under Section 38/39 UAPA : Thwafa Fasal's Lawyer Argues For Bail In Supreme Court
3 years, 3 months ago

Intention To Further Activities Of Terrorist Organization Mandatory For Offences Under Section 38/39 UAPA : Thwafa Fasal's Lawyer Argues For Bail In Supreme Court

Live Law  

The Supreme Court on Tuesday started hearing in the cases relating to the bail for two Kerala-based youngsters, Thwaha Fasal and Allan Shuhaib, booked under the UAPA for alleged Maoist links.The bench of Justices Ajay Rastogi and A. S. Oka was hearing the the SLP filed by the National Investigation Agency challenging the Kerala High Court judgment which did not …

‘Misused, abused’: India’s harsh terror law under rare scrutiny
3 years, 4 months ago

‘Misused, abused’: India’s harsh terror law under rare scrutiny

Al Jazeera  

UAPA allows authorities to designate someone as ‘terrorist’ and detain them without producing any incriminating evidence. “In fact, it has been misused and abused.” In July, Justice Dhananjaya Yeshwant Chandrachud, a sitting Supreme Court judge, said the courts must act as the “first line of defence against the deprivation of liberty of citizens,” amplifying the debate about whether the law …

Bhima Koregaon Case : Special NIA Court Rejects Prof Anand Teltumbde's Bail Application
3 years, 5 months ago

Bhima Koregaon Case : Special NIA Court Rejects Prof Anand Teltumbde's Bail Application

Live Law  

A Special NIA Court, on Monday, rejected the bail application of former IIT professor and academic Anand Teltumbde, booked under the Unlawful Activities Act in the Bhima Koregaon-Elgar Parishad case.Special Judge DE Kothalikar had reserved the application for orders on July 6, 2021. A Special NIA Court, on Monday, rejected the bail application of former IIT professor and academic Anand …

Bhima Koregaon case: Bombay HC grants Varavara Rao six months interim bail, says 'genuine and fit case'
3 years, 10 months ago

Bhima Koregaon case: Bombay HC grants Varavara Rao six months interim bail, says 'genuine and fit case'

Firstpost  

The bail conditions include a direction to the accused in Elgar Parishad case to stay within the jurisdiction of the Mumbai NIA court for the bail period Granting interim bail to ailing poet Varavara Rao for six months on medical grounds on Monday, the Bombay High Court, noting the well recognised fundamental rights of the undertrial to have quality medical …

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]
4 years, 2 months ago

Public Prosecutor's Statement Cannot Be Said To Be Strictly Correct: SC Grants Bail To Accused Under Stringent Anti-Terror UAPA [Read Order]

Live Law  

The Supreme Court on Wednesday allowed the special leave petition of a Jodhpur-resident facing trial under the Unlawful Activities Act 1967, allegedly for facilitating the escape of a terror suspect. The Bench of Justices RF Nariman, Navin Sinha and KM Joseph enlarged the accused on bail, while holding that the Rajasthan High Court had erred in relying on the public …

'There Exists Rational & Reasonable Doubt On Question Of Prima Facie Case': NIA Court Grants Bail To Students Arrested For Alleged Maoist Links [Read Order]
4 years, 3 months ago

'There Exists Rational & Reasonable Doubt On Question Of Prima Facie Case': NIA Court Grants Bail To Students Arrested For Alleged Maoist Links [Read Order]

Live Law  

The NIA Court at Kochi on Wednesday granted bail to Allan Shuhaib and Thawaha Fazal, who were arrested by Kerala police under Unlawful Activities Prevention Act for alleged links with banned Maoist organization.Judge Anil K. Bhaskar observed that the accused were able to bring out a rational and reasonable doubt on the question of prima facie case and therefore bar …

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