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VIKRAM NATH, K. V. VISWANATHAN
Union of India – Appellant
Versus
Saleem Khan – Respondent
| Table of Content |
|---|
| 1. facts surrounding the bail appeals. (Para 2 , 3 , 4 , 5 , 6) |
| 2. court's analysis of bail justifications. (Para 7 , 9 , 10 , 11 , 13) |
| 3. arguments regarding bail decisions. (Para 8 , 12) |
| 4. conclusion of the appeals. (Para 14) |
JUDGMENT :
1. Leave granted.
3. Relevant facts necessary for deciding the present appeals are as follows:
3.2. Later on, the matter was referred to the National Investigating Agency4[In short “NIA”] on 22.01.2020. NIA accordingly re-registered the case as RC No.4/2020/NIA/DLI. Accused no.11 was arrested on 20.01.2020 whereas, accused no.20 was secured under body warrant on 09.03.2020. The Investigating Officer filed the charge-sheet on 13.07.2020 against accused nos.11, 20 and others.
4. Accused no.11 and accused no.20 applied for being released on bail under Sections 439 of the Cr.P.C. on various grounds which included that they have been falsely implicated; there was no evidence to link them for the offences alleged; they have been in custody for more than a year and there has been no progress in the trial; the charge-sheet having already been submitted, they were not required for any further interrogation; that they were the sole bread-earners of
Prolonged pre-trial detention without reasonable trial prospects warrants constitutional safeguards, allowing for bail despite stringent statutory requirements under UAPA.
Prolonged incarceration without trial may violate constitutional rights, enabling courts to grant bail, highlighting the balance between individual liberty and the severity of charges.
The court held that prolonged pre-trial detention without significant evidence warrants bail under Article 21, emphasizing the right to a speedy trial. Serious allegations alone do not justify denial....
The court ruled that, under UAPA, bail cannot be granted where prima facie evidence establishes serious allegations against national security, emphasizing the heightened standard for bail in terroris....
(1) Grant of bail – Courts are expected to appreciate legislative policy against grant of bail but rigours of such provisions will melt down where there is no likelihood of trial being completed with....
The court upheld the denial of bail to an accused charged with harboring a terrorist, emphasizing the severity of the allegations and the necessity of ensuring justice and public safety.
The court affirmed that bail should not be denied solely based on association with a terrorist organization, emphasizing the presumption of innocence and the need for substantial evidence.
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