The Supreme Court has recently granted bail to an individual accused under the Unlawful Activities (Prevention) Act for alleged connections with Naxalites in Chhattisgarh.

The decision considered the fact that the individual had been in custody since May 6, 2020, and that the trial was unlikely to conclude soon.

The bench, which included Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, also observed that 12 out of the 14 co-accused had already been granted bail.

In the said matter, the Court was reviewing a petition filed by Mukesh Salam, who faced charges under Sections 10, 13, 17, 38(1)(2), 40, 22-A, and 22-C of the Unlawful Activities (Prevention) Act, 1967; Section 8(2)(3)(5) of the Chhattisgarh Vishesh Jan Suraksha Adhiniyam, 2005; and Sections 120B, 201, and 149/34 of the Indian Penal Code. He approached the Supreme Court after the Chhattisgarh High Court denied him bail.

The prosecution alleged that Mukesh Salam, being the paternal uncle of Naxalite Commander Raju Salam, maintained direct and constant contact with him, supplying him with materials. The Supreme Court observed that, to date, only 40 out of the 100 witnesses listed by the prosecution had been examined.

"Bearing in mind the above circumstances and the nature of the alleged case, we are of the considered view that the continued detention of the petitioner would not subserve the ends of justice. There is no likelihood of the early conclusion of the trial. ''

''The petitioner is in custody since 6 May 2020. We accordingly order and direct that the petitioner be released on bail, subject to such terms and conditions as may be imposed by the Special Judge (NIA Act), Kanker, in connection with FIR No 9 of 2020," the Court observed.

Case : Mukesh Salam v State of Chhattisgarh