Supreme Court · 2023 INSC 362 · Decided 12 April 2023

Kekhriesatuo Tep ETC. v. National Investigation Agency

Court
Supreme Court of India
Citation
2023 INSC 362 · [2023] 3 S.C.R. 523
Case number
CRIMINAL APPEAL No. 415/2019
Decided
12 April 2023
Bench
BHUSHAN RAMKRISHNA GAVAI, SANJAY KAROL (2-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
UAPA Section 39, 40, 43D(5)

Headnote

Unlawful Activities (Prevention) Act, 1967 - ss. 39, 40, 43D(5) - Bail under -Special Judge found that appellants had not voluntary succumbed to the demands of the organization and investigating agency admitted that accused persons were cooperating in investigation -Bail Special Judge - However, High Court reversed the order of the Special Judge - Before the Supreme Court, appellants contended that they were forced to make payments - Held: There are twin requirement under sub-section (5) of s. 43D - First one being that the public

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