The Supreme Court emphasized that “bail is the rule, jail is the exception” even under stringent laws like the Unlawful Activities (Prevention) Act (UAPA). The judgment came as the Bench of Justices Abhay S. Oka and Augustine George Masih granted bail to Jalaluddin Khan, accused of aiding alleged members of the banned Popular Front of India (PFI).
The court highlighted that denying bail in deserving cases infringes on fundamental rights under Article 21 of the Constitution. “Even if allegations are serious, courts must evaluate the case for bail according to the law,” the Bench ruled.
Case Involved Alleged Terror Conspiracy Under UAPA
Khan was arrested after the National Investigation Agency (NIA) claimed he rented out space in his house for criminal conspiracy meetings and training linked to acts of terror. The Bihar Police conducted a raid at his property in 2022 based on a tip-off about plans to disrupt Prime Minister Modi’s visit.
The court’s decision reinforces the principle of upholding individual rights, even in cases involving special statutes like UAPA.
