Constitutional courts may grant bail in cases arising under stringent statutes like the UAPA when the fundamental right to a speedy trial under Article 21 is infringed, particularly when trial completion is unlikely in the near future and the accused has suffered significant pre-trial incarceration.

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ANOOP CHITKARA, J.

1. Aggrieved by the dismissal of regular bail by the Additional Sessions Judge, Jalandhar vide order dated 14.10.2025, the appellant had come up before this Court by filing the present appeal under Section 21 of the National Investigation Agency Act, 2008.

2. Per paragraph 13 of the appeal as well as custody certificate dated 05.04.2026, the accused has the following criminal antecedents:

3. The appellant’s counsel submits that the appellant would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the appellant repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years, the State may file an application to revoke this bail before the concerned Court having jurisdiction over this FIR, which shall have the authority to cancel this bail, and to which the appellant shall have no objection. Counsel for the appellant further submits that he shall not use his right of speech expression beyond what is permitted under Article 19 of the Constitution of India.

4. The State’s counsel opposes the bail.

5. The appellant who allegedly wrote slogans in favour of Khalistan referendum and acted at the behest of Gurpatwant Singh Pannu particular terrorist, is in custody for around 11 year and challenges the order of rejection of his bail.

6. The facts of the case are being taken from the reply dated 4th April 2026 filed by Deputy Superintendent of Police, Sub Division Phillaur, Jalandhar (Rural).

7. On 31st March 2025 an FIR No.85 was registered Under the above mentioned offences.

8. The complainant Khushi Ram alleged that he was Panch of Village Nangal and 31st March 2025 at about 6:30 AM when he was on the morning walk and he had reached near the statue of Dr. Bhim Rao Ambedkar then he noticed a blue colour flag in front of the statue, in which it was written “Punjab Referendum Shaster ke Adhin SFJ 2020, along with the yellow colour flag on which it was written “Sikhs are not Hindu, Sikhs reject Indian Constitution, Khalistan Referendum voting 19th August in Washington D.C.”. The complainant Informed the police that his religious feelings got hurt and he also said that a video was viral in social media in which Gurpatwant Singh Pannu had taken responsibility of the said act and had used objectionable words. Based on this, an FIR under Section 299 BNS 2023 was registered against Gurpatwant Singh Pannu and other unknown persons.

9. It shall be appropriate to reproduce paragraph number 9 of the reply, which reads as follows:-

“That on the basis of abovesaid information, a raid was conducted at the house(s) of petitioner Sukhbir Singh @ Rajan and Avtar Singh @ Tari on 06.04.2025, where they were found present. The petitioner Sukhbir Singh @ Rajan and Avtar Singh @ Tari were joined in investigation and they disclosed the following facts:

i. The petitioner Sukhbir Singh @ Rajan was friends with Balkaran Singh who went to Canada about 10 years ago and is still residing in Canada.

ii. In the month of March, 2025, Balkaran Singh telephonically called the petitioner Sukhbir Singh @ Rajan and told him that he is an associate of Gurpatwant Singh Pannu and upon instructions of Gurpatwant Singh Pannu, Balkaran Singh propagates the work of "Sikhs for Justice (SFJ)" in India. The petitioner Sukhbir Singh @ Rajan further told that Balkaran Singh asked him to put flags of SFJ, Khalistan and raise slogans of "Khalistan Zindabad and in return, petitioner Sukhbir Singh @Rajan would be paid Rs. 10,000/-.

iii. The petit