LAWS(ALL)-2024-9-34

KAMAL K.P. Vs. STATE OF U.P.

Decided On September 12, 2024
Kamal K.P. Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Shri Sheeran Mohiuddin Alavi and Shri Harsh Vardhan Kediya, learned counsels appearing for the appellant and Shri Shiv Nath Tilhari, learned Additional Government Advocate for respondents and perused the record.

(2.) The instant criminal appeal under Sec. 21(4) of the N.I.A. Act, 2008 has been filed by the appellant- Kamal K.P. against the impugned order dtd. 26/6/2023 passed by the Additional District and Sessions Judge-5/Special Judge, NIA/ATS, Lucknow, in Bail Application No. 5048 of 2023, arising out of Case Crime No. 199 of 2020, under Ss. 153-A, 295-A, 124-A, 120-B I.P.C. and Sec. 17 and 18 of the Unlawful Activities (Prevention) Act, 1967 [here-in-after referred to as 'UAPA' and Sec. 65 and 72 of the I.T. (Amendment) Act, 2008, Police Station Manth, District Mathura, Uttar Pradesh, whereby his application for default bail moved under Sec. 167(2) of the Code of Criminal Procedure, 1973 (hereafter referred as 'Cr.P.C.') read with Sec. 43-D(2) of the UAPA has been rejected.

(3.) Learned counsel for the appellant submits that appellant was arrested on 3/3/2023 and was produced before the learned Magistrate at Kerala on 4/3/2023 whereon his transit remand was granted and thereafter he was produced before the Special Judge, (NIA/ATS), at Lucknow on 6/3/2023 and was remanded to judicial custody for 14 days.