Delhi HC grants bail to UAPA accused after police fail to file charge-sheet
Feb 16, 2021
New Delhi [India], February 16 : The Delhi High Court has granted bail to an accused arrested under the charges of Unlawful Activities Prevention Act (UAPA) after Delhi Police failed to file a charge-sheet in the stipulated period of investigation.
A single-judge bench of Justice Suresh Kumar Kait granted default bail to Raj Kumar alias Lovepreet on furnishing a personal bond of Rs 25,000 with two sureties of the like amount.
The Court observed that the fact that the charge-sheet has not been filed within the extended period despite the fact that the sanction dated November 3, 2020, was received in the Office of CP, Delhi and DCP, Headquarters on November 5, 2020, and November 6, 2020, respectively.
"In view of the aforementioned facts and the legal position, I am of the view that the petitioner was entitled to default bail even on November 11, 2020," the Court said in its February 11 order.
Lovepreet's advocates Rajiv Mohan, Tara Narula and Lakshya Gupta submitted that period of initial 90 days and extended period of investigation granted vide order dated November 9, 2020, expired on November 11, 2020, however, till that date charge-sheet was not filed. Hence, the petitioner moved an application for default bail under Section 167 (2) Code of Criminal Procedure (CrPC) which was dismissed by learned Special Judge vide order dated November 17, 2020, on the ground of maintainability.
The Delhi Police had moved an application seeking an extension of the investigation period on November 11, 2020, which was allowed vide order dated November 10, 2020, and the period to conclude the investigation was extended upto November 30, 2020.
The counsel of the accused submitted that the order of extension was passed as there was active concealment of facts before the Trial Court and hence, it was non-est in the eyes of law. In the circumstances when the extension order was not a valid order and police were required to file a charge-sheet on November 11, 2020, which they did not file. Hence, the right of default bail accrued on the accused on November 11, 2020, the counsel said.
Special Cell of Delhi Police has registered a case on June 16, 2020. The Police arrested Lovepreet on June 18 and he was remanded to police custody for a period of three days following which he was remanded to judicial custody and was lodged in Mandoli Jail.
