ABDUL MALIK Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Applicant Abdul Malik is in judicial custody in FIR No. 21 of 2024, under Ss. 147, 148, 149, 307, 395, 323, 332, 341, 342, 353, 412, 427, 436, 420B IPC, Sec. 3 and 4 of Prevention of Damage to Public Property Act, 1984, Sec. 7 of Criminal Law Amendment Act, 1932, Sec. 3/25, 4/25, 7/25 of the Arms Act, 1959 and Sec. 15/16 of the Unlawful Activities (Prevention) Act, 1976 ('UAPA'), Police Station Banbhoolpura, District Nainital. He has sought his release on bail.

(2.) Heard learned counsel for the parties and perused the record.

(3.) As soon as the matter is taken up, learned State counsel raised question with regard to the maintainability of the bail application. She submits that the applicant seeks bail under the provisions of the UAPA. The bail rejection order has been passed by the Sessions Judge, Haldwani. Therefore, it is argued that instant bail application is not maintainable, instead the applicant ought to have appealed the bail rejection order, in view of Sec. 21 of the National Investigating Agency Act, 2008 ('the NIA Act').