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As per case facts, Dinesh Gope, a PLFI supremo, was channelizing illicit funds through associates. Police intercepted individuals depositing cash, leading to a wider investigation by NIA. The appellant, Fuleshwar
...Gope (A-17), was arrested for his role as a director in a company, M/s Shiv Shaktisamridhhi Infra Private imited., used to legitimize these funds. His previous bail applications were rejected by the Special Court, High Court, and Apex Court on merits. The current appeal challenges a subsequent rejection of his regular bail application. The question arose whether long incarceration or parity with co-accused could override the statutory embargo on bail under Section 43D(5) of the UAPA when a prima facie case of involvement in terrorist financing is found true and previous bail requests were dismissed. Finally, the High Court, relying on Supreme Court precedents, dismissed the appeal, holding that long incarceration is not the sole ground for bail in grave offenses impacting national security, and the principle of parity does not apply due to the appellant's pivotal role in operating PLFI's financial module and moving terror funds. The court found a prima facie case against him, thus affirming the rejection of bail.
Bench
Applied Acts & Sections
Section 21
–The National Investigation Agency Act, 2008
Legal Notes
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