MAULANA KALEEM SIDDIQUI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri I.B. Singh, learned Senior Counsel assisted by Sri Ishan Baghel, learned counsel for the applicant, Sri Shiv Nath Tilhari, learned A.G.A.-I for the State and perused the material available on record.

(2.) At the outset, learned A.G.A.-I for the State has raised a preliminary objection that the present bail is not maintainable as it cannot be heard before this Court as it is hit by Sec. 21 of The National Investigation Agency Act, 2008 (hereinafter referred to as "the NIA Act"). An appeal ought to have been filed on behalf of the applicant under Sec. 21 of the NIA Act to be heard by a division bench.

(3.) Learned Senior Counsel for the applicant has pressed the bail application on the ground that trial of the case by Special Court without following Sec. 6 of the NIA Act is illegal. The case has not been notified to the Central Government as provided under Sec. 6 of the NIA Act, which is being reproduced hereinbelow :-