SUDHA BHARADWAJ Vs. NATIONAL INVESTIGATION AGENCY

JUDGEMENT

(1.) These applications under section 482 of the Code of Criminal Procedure, 1973 ('the Code') seek enlargement of the applicants on bail under section 167(2) of the Code read with section 43-D(2) of the Unlawful Activities (Prevention) Act, 1967 (UAPA) in National Investigation Agency (NIA) Special Case No. 871 of 2020, arising out of frst information report, initially registered with Vishrambaug Police Station, being frst information report No.4 of 2018, on the ground that the learned Judge, who extended the period for investigation under section 43-D(2) of UAPA and took cognizance of the offences punishable under sections 120B, 121, 121(A), 124(A), 153A, 505(1)(b), 117, 23 of Indian Penal Code, 1860 ('the Penal Code') and sections 13, 16, 17, 18, 18-B, 20, 38, 39 and 40 of UAPA was not legally empowered to grant such extension and take cognizance.

(2.) Since the factual backdrop is, by and large, similar and common questions of law arise for consideration, both these applications are determined by this common judgment and order.

(3.) The background facts leading to these applications can be summarized as under: