Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) -The conventional idea in bail jurisprudence vis-à-vis ordinary penal offences that the discretion of Courts must tilt in favour of the oft-quoted phrase – ‘bail is the rule, jail is the exception’ – unless circumstances justify otherwise – does not find any place while dealing with bail applications under UAP Act. The ‘exercise’ of the general power to grant bail under the UAP Act is severely restrictive in scope – Bail must be rejected as a ‘rule’, if after hearing the public prosecutor and after perusing the final report or Case Diary, the Court arrives at a conclusion that there are reasonable grounds for believing that the accusations are prima facie true. It is only if the test for rejection of bail is not satisfied – that the Courts would proceed to decide the bail application in accordance with the ‘tripod test’ (flight risk, influencing witnesses, tampering with evidence). (Para 18-20)

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) – The inquiry that a bail court must undertake while deciding bail applications summarised in the form of a twin-prong test : 1) Whether the test for rejection of the bail is satisfied? – 1.1 Examine if, prima facie, the alleged ‘accusations’ make out an offence under Chapter IV or VI of the UAP Act -1.2 Such examination should be limited to case diary and final report submitted under Section 173 CrPC; 2) Whether the accused deserves to be enlarged on bail in light of the general principles relating to grant of bail under Section 439 CrPC (‘tripod test’)? On a consideration of various factors such as nature of offence, length of punishment (if convicted), age, character, status of accused etc., the Courts must ask itself : 2.1 Whether the accused is a flight risk? 2.2. Whether there is apprehension of the accused tampering with the evidence? 2.3 Whether there is apprehension of accused influencing witnesses? 22. The question of entering the ‘second test’of the inquiry will not arise if the ‘first test’is satisfied. And merely because the first test is satisfied, that does not mean however that the accused is automatically entitled to bail. The accused will have to show that he successfully passes the ‘tripod test’ . (Para 21-22)

Unlawful Activities (Prevention) Act, 1967 ; Section 43 D(5) – Test for Rejection of Bail – Guidelines as laid down by Supreme Court in Watali’s [NIA v. Zahoor Ahmad Shah Watali (2019) 5 SCC 1 ] Case – Meaning of ‘Prima facie true’ [para 23]: On the face of it, the materials must show the complicity of the accused in commission of the offence. The materials/evidence must be good and sufficient to establish a given fact or chain of facts constituting the stated offence, unless rebutted or contradicted by other evidence. • Degree of Satisfaction at Pre-Chargesheet, Post Chargesheet and PostCharges – Compared [para 23]: Once charges are framed, it would be safe to assume that a very strong suspicion was founded upon the materials before the Court, which prompted the Court to form a presumptive opinion as to the existence of the factual ingredients constituting the offence alleged against the accused, to justify the framing of charge. In that situation, the accused may have to undertake an arduous task to satisfy the Court that 15 despite the framing of charge, the materials presented along with the chargesheet (report under Section 173 CrPC), do not make out reasonable grounds for believing that the accusation against him is prima facie true. Similar opinion is required to be formed by the Court whilst considering the prayer for bail, made after filing of the first report made under Section 173 of the Code, as in the present case. •Reasoning, necessary but no detailed evaluation of evidence [para 24]: The exercise to be undertaken by the Court at this stage–of giving reasons for grant or non-grant of bail–is markedly different from discussing merits or demerits of the evidence. The elaborate examination or dissection of the evidence is not required to be done at this stage. •Record a finding on broad probabilities, not based on proof beyond doubt [para 24]: “The Court is merely expected to record a finding on the basis of broad probabilities regarding the involvement of the accused in the commission of the stated offence or otherwise.” •Duration of the limitation under Section 43D(5) [para 26]: The special provision, Section 43-D of the 1967 Act, applies right from the stage of registration of FIR for the offences under Chapters IV and VI of the 1967 Act until the conclusion of the trial thereof.•Material on record must be analysed as a ‘whole’; no piecemeal analysis [para 27]: The totality of the material gathered by the investigating agency and presented along with the report and including the case diary, is required to be reckoned and not by analysing individual pieces of evidence or circumstance. •Contents of documents to be presumed as true [para 27]: The Court must look at the contents of the document and take such document into account as it is. •Admissibility of documents relied upon by Prosecution cannot be questioned [para 27]: The materials/evidence collected by the investigation agency in support of the accusation against the accused in the first information report must prevail until contradicted and overcome or disproved by other evidence…….In any case, the question of discarding the document at this stage, on the ground of being inadmissible in evidence, is not permissible. (Para 23-26)

Read Judgment
Read SCR

Related Posts

104 thoughts on “Gurwinder Singh vs State Of Punjab 2024 INSC 92 :: [2024] 2 S.C.R. 134- S 43D(5) UAPA – Test For Rejection Of Bail”

  1. ldntpxngw

    Having a personalized aircraft serves various purposes: The rule here is simple: if you are playing free casino games, the payouts won’t be real too. Free gambling games are for fun: if you want to win real money, you must play with real money. So, no, you cannot win money by playing free casino games online. We invite you to start playing the Aviatrix bet game at 1win. You will receive 500% up to INR 145,000 on your bonus balance after your first deposit. 1win has a cashback system and you will receive up to 30% of the money you lose in our casino games in a week. This money will be transferred from your bonus balance to your main balance. The percentage of the cashback is directly related to the amount you lose. Natively built and available in-game without additional integration To embark on your Aviatrix betting journey, the initial step involves selecting a reputable online casino from our carefully curated list of top-quality platforms that proudly offer Aviatrix. Once you’ve made your choice, access the Aviatrix game within the selected casino’s platform. Ensuring you choose a reputable casino ensures a secure and enjoyable gaming experience.
    http://forum.dmec.vn/index.php?members/kneeditchiere1989.121159/
    Buzzing with new energy for jumping into something fresh. Whether it’s a personal project or an eternal dream, taking that first step lets things go as they should be. Light and honest will be your approach in relationships. Being true to yourself is the best way to forge a deeper bond with another. Flow goes with balance insofar as what the stars remind you of. Take the message from the universe to trust in your plans and stay grounded with who you are while enjoying where this new path might lead you. 91 Club : Colour Prediction Particularly with those you hold dear, emotions may develop a little high today. If someone is acting distant, moody, or just not quite themselves today, don’t take it personally. They might be dealing with something you cannot sense. Instead of reacting, just take a breath and keep cool! The stars remind you that calm energy has a better chance of being perceived than infuriated energy. Let things happen instead of trying to make them happen.

  2. zmmomaxee

    According to the U.S. Drought Monitor on May 13, 2025, 29.6% of the U.S. was experiencing moderate-to-exceptional drought conditions, with an additional 17.3% classified as abnormally dry. The Southwest, Nebraska, and Florida are some of the areas with the most intense droughts. The drought locations are mirrored in this image captured by the SMAP satellite, which measures soil moisture. In this case, it is showing the root zone soil moisture, which is a deeper measurement and can help highlight areas experiencing a long-term drought compared to surface measurements which are impacted as storm systems move over an area. Yellow and orange colors indicate drier soil, whereas deep blues are where the soil is more moist. To learn more about the BharatClub app, you can read the Bharat Club Blog. Here you will get to see all the information about the BharatClub games. Also, if you read Bharatclub Blog, you will get to know a lot about the gaming world. You will learn something that you can use in your game.
    https://pitchwall.co/user/dersbigoldi1975
    This app gives a signup bonus of 5PKR to every new user. If you have not claimed it, then download the APK and claim your 5PKR. Along with the signup bonus, it also gives a free spin bonus for its new gamers. It depends on your luck, but you can win a good amount with the free spin.  Crypto Dragons – NFT & Web3 Mod APK 1.60.0 No Ads Mod Apk 1.60.0 ads, Unlimited mo… This app promises to keep you engaged with its variety of games. You can play games like Ludo, Crash, Teen Patti, Rummy, 10 Cards, Variation, Dragon Tiger Fight, Andar Bahr, Car Roulette and many other. Each game comes with its own set of rules and strategies to follow. This app gives a signup bonus of 5PKR to every new user. If you have not claimed it, then download the APK and claim your 5PKR. Along with the signup bonus, it also gives a free spin bonus for its new gamers. It depends on your luck, but you can win a good amount with the free spin. 

  3. skzrdzyig

    Drinktivity offers an exciting way to partake in group activities during a night out. If you are on the lookout for entertaining party games suitable for gatherings, Drinktivity provides an ideal solution. The FC Pro Open Regional Cups Playoffs will be played using the in-Game Ultimate Team mode in the 1v1 dedicated competitive mode. All matches will be one (1) single game. The winner of the match is the Competitor with the higher score at the end. If the game is at a tied state, extra time will be used, followed by the penalty shootout, if needed, to find an outright winner of the match. HomeExperiencesPressContact Us Para ser más específicos, esta semana será más de lo mismo con los mejores del mundo compitiendo por la Jarra de Clarete en el 149th Open Championship en Royal St. Pruebe nuestros casinos recomendados de Playson y no se arrepentirá, hay grandes ofertas de diferentes tragamonedas. Para poder garantizar que los clientes de todo el mundo y los casinos sigan teniendo demanda, por lo que como cliente puede obtener la mayor variación posible.
    https://klickmediatech.com/chile-que-es-y-como-jugar-el-juego-de-inflar-globos-de-smartsoft/
    Seguridad, confiabilidad de pagos, variedad de juegos, soporte de calidad: todos estos son aspectos críticos. Estos deben tenerse en cuenta al elegir un casino en línea para Lucky Jet. Los jugadores experimentados también recomiendan comenzar jugando en cuentas demo. Familiarizarte con las mecánicas del juego y desarrollar tus propias estrategias. Your access to this service has been limited. (HTTP response code 503) No confíes en la fortuna. Para Lucky Get, el mejor juego en 1 win Casino es una táctica probada. El esquema más simple es hacer una apuesta automáticamente. Debe configurar la función para tomar dinero cuando el coeficiente alcance un valor de 1.2 – 1.4 x. En la segunda apuesta, debe jugar manualmente, tratando de romper la X al menos 3. Con este enfoque, el riesgo en el 80% de los casos se compensa con la reproducción automática. Gradualmente, el límite de detener el vuelo a una velocidad manual se puede aumentar a 5x, 7x y más.

Leave a Comment

Your email address will not be published. Required fields are marked *