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According to Delhi Court, an accused cannot be deprived of default bail under U/S 167(2) CrPC, even if they were initially arrested under UAPA (Unlawful Activities (Prevention) Act) but later charged for lesser offences. The court highlighted that while serious allegations are relevant, they should not be the sole basis for denying bail. The judgment was made in the case of Asif Khan, who was arrested in a terror-gangster nexus case investigated by NIA (National Investigation Agency) and involving Khalistan Tiger Force. The court also emphasized the responsibility of investigating agencies to complete their investigations within the prescribed time periods.
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The Substantive and Procedural dimensions of Evidentiary value of FIR-Part I
