File Copyright Online - File mutual Divorce in Delhi - Online Legal Advice - Lawyers in India

The Legal Labyrinth: A Guide to Bail and Investigation Nuances under the TADA Act

Before a person accused of an offense punishable under the TADA Act can be released on bail, two conditions must be fulfilled:
  1. The Public Prosecutor must be given an opportunity to oppose the application for release.
  2. The court must be satisfied that there are reasonable grounds to believe that the accused is not guilty of such an offense.

In light of the aforementioned conditions, it cannot be disputed that an application for bail on behalf of a person accused under the Act must be examined carefully and cautiously based on the charges leveled in the First Information Report and the evidence collected during the investigation.

The police report submitted after the investigation of the alleged offense is not merely an expression of the investigating officer's opinion; it has a connection to the materials collected during the investigation. The conditions for the grant of bail specified under subsection (8) of Section 20 of the TADA Act are in addition to those under the Code.

This position is made explicit by subsection (9) of Section 20 of the TADA Act. The designated Court should have reviewed the charge sheet/police report submitted after the conclusion of the investigation before passing the impugned order. Accordingly, the court's order releasing the respondent on bail is set aside.

The court must exercise its discretion judiciously; anticipatory bail cannot be denied merely on the basis of allegations of cheating and forgery. The High Court cannot ignore the plea that the dispute between the accused and the complainant was purely of a civil nature and that the complainant had filed a suit for specific performance.

To enable a complete investigation, the charge sheet should not be filed piecemeal. It should include all documents and reports, including those from the chemical examiner or the forensic laboratory.

Law Article in India

Ask A Lawyers

You May Like

Legal Question & Answers

Lawyers in India - Search By City

Copyright Filing
Online Copyright Registration


How To File For Mutual Divorce In Delhi


How To File For Mutual Divorce In Delhi Mutual Consent Divorce is the Simplest Way to Obtain a D...

Increased Age For Girls Marriage


It is hoped that the Prohibition of Child Marriage (Amendment) Bill, 2021, which intends to inc...

Facade of Social Media


One may very easily get absorbed in the lives of others as one scrolls through a Facebook news ...

Section 482 CrPc - Quashing Of FIR: Guid...


The Inherent power under Section 482 in The Code Of Criminal Procedure, 1973 (37th Chapter of t...

The Uniform Civil Code (UCC) in India: A...


The Uniform Civil Code (UCC) is a concept that proposes the unification of personal laws across...

Role Of Artificial Intelligence In Legal...


Artificial intelligence (AI) is revolutionizing various sectors of the economy, and the legal i...

Lawyers Registration
Lawyers Membership - Get Clients Online

File caveat In Supreme Court Instantly