There was an allegation of terror funding as the accused allegedly paid levy/ extortion amount to certain terrorist organizations. Sec 43-D (5) proviso entails expression “prima facie true” as in it must be good and sufficient on its face to establish a given fact or the chain constituting the stated offense unless rebutted or contradicted.
While considering the grant of bail, it is the bounden duty of the Court to apply its mind to examine the entire material on record for the purpose of satisfying itself, whether a prima facie case is made out against the accused or not. Held, we have gone through the material on record and are satisfied that the appellant is entitled for bail and that the special Court and the High Court erred in not granting bail to the appellant. Para 13
(2021) 4 SCC 704- Sudesh Kedia V Union Of India