UAPA bail restrictions yield to Article 21 where prolonged custody threatens the constitutional right to a speedy trial.

Statutory restrictions on bail under the UAPA do not operate in isolation from Article 21. Where an accused has remained in custody for a substantial period, the trial has not begun or is unlikely to conclude within a reasonable time, and the likely sentence is not disproportionate to custody already undergone, continued detention may amount to denial of personal liberty. The bail standard under Section 43-D(5) is distinct from the stricter NDPS regime, and constitutional courts may grant bail to protect the right to speedy trial without converting the hearing into a merits determination.

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Issues: Whether bail could be sustained despite the statutory restriction under Section 43-D(5) of the Unlawful Activities (Prevention) Act, 1967, in view of the prolonged custody of the accused and the constitutional right to a speedy trial.

Analysis: The statutory embargo on bail under the special enactment does not operate in isolation from Article 21 of the Constitution of India. Where the accused has remained in custody for a substantial period, the trial has not commenced or is unlikely to conclude within a reasonable time, and the expected sentence is not disproportionate to the custody already undergone, continued detention may amount to a denial of personal liberty. The bail standard under Section 43-D(5) is distinct from the more stringent regime under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and constitutional courts may grant bail to prevent breach of the right to speedy trial without converting the bail hearing into a merits adjudication.

Conclusion: Bail was rightly allowed to stand, and interference was unwarranted; the respondent was entitled to remain on bail.

Ratio Decidendi: Statutory restrictions on bail in special laws must yield where continued pre-trial detention has become unjustified by reason of extreme delay and the constitutional guarantee of a speedy trial.

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