Bail In UAPA Cases Can’t Be Denied Merely Because Allegations Are Serious: Punjab And Haryana High Court
Punjab and Haryana High Court granted bail to a man detained under the stringent Unlawful Prevention of Activities Act (UAPA), observing that there was no sufficient evidence in the case for allegedly planning to commit some terrorist acts.
The division bench who looked into the case observed that merely because allegations were serious, bail cannot be denied. The bench consisted of Acting Chief Justice Ritu Bahri and Justice Manisha Batra noted that, “on the basis of allegations as levelled against the appellant, prima facie no case can be stated to have been made out to presume that there had been any conspiracy between the appellant and the co-accused to form membership of a terrorist gang and to commit acts against the interest of the nation”, reports Live Law.
The accused was accounted for being part of the gang who was hatching plan to commit some terrorist acts in different places of the country. The accused and the co-accused had robbed 30 kg of gold from IIFL Gold Loan Branch, Gill Road, Ludhiana.
While considering the submission, the court noted that as per Section 45 of UAPA, no Court shall take cognizance of any offence falling under chapter VI without previous sanction of the Central government and state government. The court also added that the sanction for prosecution has not been granted by the competent authority till the date of presentation of the challan. And it was later accorded that the sanction was filed in the Court along with supplementary challan report. So the Court said that it is indeed debatable as to whether the Court was even competent to take cognizance of the offences punishable under Sections Sections 16, 17, 18 and 18B of UAP Act till the date when sanction was granted under Section 45 of UAP Act.
The bench also noted that no specific role has been attributed to the accused Singh to support the allegations of being involved in any anti-national activities.
They were only able to recover one revolver and ten live cartridges from him in another case which was registered prior to this case at Police station Mohali, the court added. The accused has been in custody for past three and a half years and thus the trail is likely to take time and hence the Court granted bail to the appellant.
