The Supreme Court, in a ruling on Tuesday, affirmed that the legal principle "Bail is the rule, jail is the exception" applies even to offences under special statutes like the Unlawful Activities (Prevention) Act (UAPA).
The bench, comprising Justices Abhay S. Oka and Augustine George Masih, emphasized that denying bail in deserving cases would constitute a violation of fundamental rights. Consequently, the court granted bail to a man accused under the stringent anti-terror law.
"Allegations of the prosecution may be very serious, but it is court's duty to consider the case for bail in accordance with law. Bail is the rule & jail is the exception applies even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21," the bench said while pronouncing its judgement.
The Supreme Court's verdict granting bail to Jalaluddin Khan came in a case where he was charged under the stringent provisions of the Unlawful Activities (Prevention) Act (UAPA) and sections of the now-defunct Indian Penal Code. Khan had rented out the upper floor of his house to alleged members of the banned organization Popular Front of India (PFI).
According to the National Investigation Agency (NIA), the investigation revealed that a criminal conspiracy was devised with the intent to commit acts of terror and violence, thereby creating an atmosphere of fear and threatening the unity and integrity of the nation. As part of this conspiracy, the accused had arranged rented accommodation in Ahmad Palace, located in Phulwarisharif, Patna, and used the premises for training in violent acts and holding meetings for criminal conspiracy.
The Bihar Police had received intelligence about the accused's plan to cause disturbances during Prime Minister Narendra Modi's proposed visit in 2022. Acting on a tip-off, the Phulwarisharif Police raided Khan's house on July 11, 2022.
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