The Supreme Court upholds Anand Teltumbde’s bail, and the NIA’s appeal is dismissed

It has been decided that the Supreme Court has dismissed a petition filed by the National Investigation Agency (NIA) challenging the Bombay High Court’s decision to grant bail to scholar-activist Anand Teltumbde in the Elgar Parishad case.

DY Chandrachud, the Chief Justice of India, led a bench that refused to interfere with the high court’s decision. However, a bench headed by Justice Hima Kohli added that the HC’s observations would not be considered conclusive at trial.

The bench stated that it would not interfere.

What role does UAPA play in bringing sections into action? According to you, the IIT Madras event was to mobilise Dalits. Is Dalit mobilisation preparatory act to proscribed activity?” CJI Chandrachud was quoted as asking by Live Law.

According to the NIA, the observations made in the Bombay High Court order contradicted what the apex court had previously said and would influence the trial and investigation, so they challenged the bail granted to Teltumbde at the Supreme Court.

It stated in its special leave petition (SLP) that if the accused is granted bail, the investigation agency will suffer a fatal blow in unearthing the evidence against Teltumbde and that he would ensure that no evidence would surface upon being freed from judicial custody.

Teltumbde, held since April 2020, was granted bail last week by the Bombay High Court, stating that UAPA could not be used to conclude that the accused committed a terrorist act.

The HC has granted bail to Teltumbde, the third defendant in the case. Sudha Bharadwaj was granted default bail, while co-accused Varavara Rao was granted medical bail. In this case, Teltumbde is the first accused to receive bail on merit.

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