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Supreme Court of India 2023-04-12 allowed

KEKHRIESATUO TEP ETC vs NATIONAL INVESTIGATION AGENCY

Bench: 2 — B.R. Gavai, Sanjay Karol

In Brief

Government servants arrested for allegedly contributing money to a terrorist organization appealed the cancellation of their bail by the High Court. The Supreme Court held that to constitute an offence under the anti-terrorism law, the payment must be made with intention to further the organization's activities, not merely under duress or threat. Where the trial judge found the accused were coerced to pay and showed no voluntary support for the organization, the judge's decision to grant bail was not perverse. The Court allowed the appeals, setting aside the bail cancellation order and emphasizing that appellate interference in liberty cases requires the trial court's view to be clearly unreasonable.

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Unlawful Activities (Prevention) Act Criminal Procedure Bail Terrorism Mens Rea Duress

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