Regular bail under UAPA turned on long custody, trial progress, and parity with co-accused, with conditions imposed.

Regular bail was granted in a prosecution under the Indian Penal Code and the Unlawful Activities (Prevention) Act after the Court weighed prolonged custody, the stage of trial, and parity with co-accused. The appellant had remained in custody since October 2021, most protected witnesses had been examined, and the remaining witnesses were said to concern the role of co-accused. With some co-accused already on bail and further delay in trial completion likely, the Court found bail appropriate while expressly declining to comment on the gravity of the alleged offence. Bail was made subject to bond conditions, weekly police presence, and cooperation with trial.

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Issues: Whether the appellant was entitled to regular bail in a prosecution under the Indian Penal Code, 1860 and the Unlawful Activities (Prevention) Act, 1967, having regard to the period of custody, the stage of trial, and parity with co-accused.

Analysis: The appellant had remained in custody since 20.10.2021. The witnesses whose safety required protection had substantially been examined, while the remaining protected witnesses were stated to relate mainly to the role attributed to co-accused. Some co-accused had already been enlarged on bail. The Court considered the length of incarceration, the likelihood of further delay in conclusion of the trial, and the plea of parity, while making it clear that no opinion was being expressed on the gravity of the alleged offence.

Conclusion: The appellant was granted regular bail, subject to furnishing bail bonds and complying with the conditions imposed by the NIA Court, including weekly presence before the jurisdictional police station and cooperation with the trial.

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