Bail Is Rule Even In UAPA Case: Supreme Court Grants Bail To Alleged PFI Member
The Supreme Court on Tuesday held that the principle of 'bail is the rule, jail is an exception' will also apply to special statutes like the Unlawful Activities (Prevention) Act 1967.
The Supreme Court on Tuesday held that the principle of 'bail is the rule, jail is an exception' will also apply to special statutes like the Unlawful Activities (Prevention) Act, if the conditions of that stautes are satisfied.
The top court said that even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the rule (Bail is the rule and jail is an exception) holds good with only modification that the bail can be granted if the conditions in the statute are satisfied and that the rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail.
A bench of Justice Abhay Oka and Justice Augustine George Masih granted bail to a man accused of renting out his property to alleged members of banned Popular Front of India (PFI). It was alleged that the PFI conducted training sessions in his apartment, which were attended by people coming from outside Bihar.
The apex court while pronouncing the verdict said that the courts should not hesitate in granting bail.
"Allegations of the prosecution may be very serious, but the court's duty is to consider the case for bail in accordance with law. Now we have said that bail is the rule and jail is the exception that is applied even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21," Justice Oka said.
The top court while granting bail to the accused observed that the Popular Front of India (PFI) is not a 'terrorist organisation'.
The accused man had moved a petition seeking bail in the top court after the Patna High Court denied him bail in the UAPA case against him.
The man was accused of plotting to disrupt the Prime Minister Narendra Modi's visit to Bihar and other unlawful activities tied to the banned Popular Front of India (PFI).
It was alleged that PFI conducted training sessions in July 2022, in his apartment. The police allegedly recovered documents from that flat in a raid that hinted at unlawful activities. The man Jalaluddin Khan, who got bail from the apex court today, had denied knowledge of these activities but had admitted to renting out the apartment.
It was alleged that these training sessions were part of a broader plan to regroup former members of SIMI and PFI into a new group with the intent to take violent actions against perceived atrocities against Muslims in India.
The appellant told the court that he was not affiliated with PFI or SIMI and his involvement was limited to renting property.
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