[UAPA] Long Incarceration Can't Lead To Bail When Case Involves Transnational Terrorism, Anti-National Activities: Delhi High Court

The Delhi High Court has observed that long incarceration in itself cannot lead to an accused being released on bail where the case involves transnational terrorism and anti-national activities.

“This Court while acknowledging that speedy trial is necessary as a Constitutional prescription, observes that in cases involving anti-national activities and terrorism on an international scale, long incarceration in itself ought not to lead to enlargement on bail when facts show involvement in such activities which can have a national and transnational impact,” a division bench comprising of Justice Prathiba M Singh and Justice Dharmesh Sharma said.

“Moreover, while speedy trial and liberty of an individual are of utmost importance, in cases involving anti-national activities, terrorism, involvement with dreaded gangsters where there is a clear possibility of continued involvement, the considerations of bail cannot be the same,” the Court said.

The Bench made the observations while dismissing the bail appeal of one Joginder Rana, father of gangster Kala Rana and an alleged member of gangster Lawrence Bishnoi organised terror-crime syndicate.

The case was registered for the offences under Sections 17,18, 18B and 39 of the UAPA; Sections 120B, 384, 386 and 387 of the IPC and Sections 7 and 25 of the Arms Act. Gangsters Lawrence Bishnoi, Goldy Brar, Lakhbir Singh Landa, and Kala Rana are among others who are prosecuted in the case.

It was Rana's case that there was no incriminating evidence against him and the only reason why he was arrested by the NIA was because his son was accused of being a part of Lawrence Bishnoi gang. It was submitted that Rana was nowhere connected or aware of any of the allegations which were made against him.

On the other hand, the NIA submitted that a substantial amount of cash and weapons were recovered from Rana's residence.

The bail plea was opposed by NIA citing Rana's role in the alleged conspiracy and the huge cache of illegal arms and ammunition recovered from him.

The Court rejected Rana's appeal challenging the trial court order denying him bail in August 2022, the Bench said that the testimonies of witnesses showed that granting bail to Rana, at this stage, would be detrimental to the safety and security of the country.

The testimonies of these protected witnesses reveal a serious situation and the same cannot be brushed aside, it said.

“In the present case, a large quantum of weapons, expensive mobile phones, ammunitions, etc. were found from the residence of the Appellant as captured in the seizure memo dated 12th September, 2022. In these circumstances, a prima facie opinion against the innocence of the Appellant is drawn by the Court as it is not normal or justifiable to find incriminating evidence of this quantity at someone's residence,” the Court said.

Furthermore, it was observed that Rana's inability of the defense to refute the allegations against him, was enough for the Court, at this stage, to hold that he did not satisfy the triple test of bail jurisprudence.

The Court concluded that it was implausible to believe that a large quantum of expensive mobile phones and the whole cache of weapons which were found including guns and live cartridges, etc. could have been stored without Rana's knowledge, in his own residence where he and his wife reside.

“Therefore, the opinion of this Court is that the allegations against the Appellant are prima facie true and the Appellant is unable to prove his innocence at this stage or is able to give any valid explanation for the presence of the seized goods at his residence,” the Court said.

The appellant was represented by Advocates Nishant Rana, Rajani, Manveen Dhanjal, Adarsh Shandilya, Zeba Parveen, Deepak, Shubham Singh, Rajvant and Jatin

NIA was represented by SPP Rahul Tyagi with Advocates Jatin, Amit Rohilla and Aniket Singh

Title: JOGINDER SINGH @ JOGINDER RANA v. NIA

Citation: 2025 LiveLaw (Del) 75

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