Man arrested under UAPA for alleged “Khalistani links” granted default bail by Delhi High Court

The Delhi High Court last week granted bail to Raj Kumar alias Lovepreet, who was arrested last year for allegedly having links with Khalistani extremist organizations..A First Information Report (FIR) was registered against Lovepreet on June 16, 2020 before he was arrested on June 18. He was lodged in the Mandoli Jail at New Delhi till February 11. He had spent a total of 150 days in custody at the time of filing the petition before the High Court..Justice Suresh Kumar Kait granted bail to Lovepreet on his furnishing a personal bond of Rs. 25,000 with two sureties of the like amount..It was argued on behalf of Lovepreet that he had been denied the basic right to apply for bail and that there had been unnecessary delay on the part of the Delhi Police in filing the chargesheet. It was submitted that the 90-day custody period and subsequent extension of investigation period had expired on November 11, 2020. However, till that date charge-sheet was not filed. Thus, Lovepreet moved an application for default bail under Section 167(2) of the Code of Criminal Procedure (CrPC), which was dismissed by the Special Judge on November 17 last year..Further, it was contended that the extension of the investigation period was not granted on valid and cogent grounds. The order of extension was passed as there was active concealment of facts before the trial court and hence, it was non-est in the eyes of law, counsel for Lovepreet argued before the High Court..After considering the material on record, the Court observed that chargesheet had not been filed within the extended period of investigation, despite the fact that sanction was received by the Commissioner of Police on November 5..Placing reliance on the observations laid down by the Supreme Court in Hitendra Vishnu Thakur and Ors. v. State of Maharashtra, the Court held that Lovepreet was entitled to default bail even on November 11 of last year..The Court thus directed that he be released on bail immediately, after furnishing personal and sureties..[Read order]