ALAM Vs. STATE OF U.P.

JUDGEMENT

(1.) By filing this appeal under Sec. 21 of the National Investigation Agency Act, 2008 (hereinafter referred to as NIA Act), the appellant Alam @ Mohd. Alam has challenged the order dtd. 30/5/2022 passed by the learned Additional District and Sessions Judge, Court No.3/Special Judge, NIA Special Court, A.T.S., Lucknow (in short Special Court) whereby bail application of the appellant was rejected.

(2.) The bail application of Sidhique Kappan was heard and rejected by learned Single Judge of this Court on 2/8/2022. That was so heard because at that time the bail application of Sidhique Kappan was decided by learned Additional District and Sessions Judge, Court No.1, Mathura as the case was pending in the court of Mathura District. Thereafter, on the application moved by the prosecution, the case was transferred to Special Court, Lucknow, the court established for trying the cases of such nature. The application was allowed per order dtd. 13/12/2021 and the case was transferred to the Special Court, Lucknow. This case was investigated by the Special Task Force.

(3.) Under Sec. 21 sub clause (2) of the NIA Act, the appeal shall be heard by a Bench of two Judges of the High Court. For this reason, this appeal has been listed and heard by this Division Bench.