Brief Facts : Asif Tanha, Natasha Narwal and Devangana Kalita were arrested as part of the alleged conspiracy in the Delhi Riots of 2020. His bail had been denied before and this appeal was filed.
Summary : While granting bail to Asif the court observed that no prima facie case has been made out under the said sections of UAPA, therefore section 43D does not apply. While deciding the issue for section 15, 17 and 18 court held that the term terrorist act used in UAPA even though somewhat vague must be construed strictly. It must partake the essential condition of terrorism and it cannot be applied casually to criminal acts. It was also contended that the court must consider bail under section 437 of Crpc and not 439 when an appeal is made under section 21. But the court held that once it is clear that section 43D would not apply then the court is entitled to consider bail under section 439.
