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ANUPINDER SINGH GREWAL, LAPITA BANERJI
Raj Kumar @ Lovepreet @ Lovely – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
Anupinder Singh Grewal, J.
1. The appellant has challenged the order dated 14.07.2023 passed by the Additional Sessions Judge, Patiala whereby his bail application in FIR No. 144 dated 28.06.2020, registered under Sections 13, 16, 18, 20 of the Unlawful Activities (Prevention) Act, 1967 [for short’ UAPA’] Section 25 of the Arms Act at Police Station Samana, District Patiala, has been dismissed.
2. Learned counsel for the appellant submits that although it is alleged that the appellant was involved in unlawful activities but except recovery of a mobile phone, no other incriminating material has been recovered from him. There is nothing to suggest that there was any monetary transaction between the appellant and other co-accused nor there was any dubious entry in his bank account.
3. Learned counsel for the State submits that the allegations against the appellant are that he was allegedly involved in anti-national activities but only a mobile phone is alleged to have been recovered from him which is stated to have contained objectionable photographs of certain persons with weapons and showing ‘Referendum 2020’. He also submits that he was in contact with anti-national elements
Prolonged custody without trial can violate the right to speedy trial, justifying bail under UAPA despite serious allegations.
Long custody without trial can justify bail under UAPA, emphasizing the right to speedy trial under Article 21 of the Constitution.
Long custody can justify bail under UAPA, emphasizing the right to a speedy trial as per Article 21.
Prolonged detention without trial can violate the right to a speedy trial, qualifying an accused for bail under Article 21, despite serious charges linking them to anti-national activities.
Prolonged pre-trial detention mandates consideration for bail under Article 21, emphasizing the need for sufficient evidence linking the accused to criminal conspiracy under the UAPA.
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....
Prolonged pre-trial detention can justify bail under Article 21, emphasizing individual liberty rights even amidst stringent statutory limits.
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