LAWS(DLH)-2019-8-2

GHULAM MOHD. BHAT Vs. NATIONAL INVESTIGATING AGENCY

Decided On August 02, 2019
GHULAM MOHD. BHAT Appellant
V/S
National Investigating Agency Respondents

JUDGEMENT

(1.) The present appeal under Section 21(4) of the National Investigating Agency Act, 2008 (hereinafter referred to as 'the NIA Act') read with Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Cr.P.C.') assails the order dated 26.11.2018 passed by the District and Sessions Judge, Special Judge (NIA), Patiala House Courts, New Delhi, in case arising out of RC- 06/2011/NIA/DLI, registered by the NIA under Sections 13,17,18 and 20 of the Unlawful Activities (Prevention) Act, 1967, (hereinafter referred to as 'UA(P) Act'), whereby the third bail application instituted on behalf of the appellant came to be dismissed.

(2.) The facts as are relevant for the adjudication of the present appeal are briefly encapsulated as follows:-

(3.) Mr. Manu Sharma, learned counsel appearing on behalf of the appellant has reiterated the submissions made on behalf of the appellant before the learned Special Judge (NIA), as detailed hereinabove, before us as well. Mr. Manu Sharma, learned counsel has in this behalf, invited our attention to the testimony of PW-1 to urge that, same suffers from material contradictions and is bereft of any material to show that there are reasonable grounds for believing that the accusations against him are "prima facie true".