https://www.taxtmi.com/caselaws?id=312965 At the bail stage under the Unlawful Activities (Prevention) Act, the Supreme Court held that prosecution material must have sufficient probative value to make the accusations prima facie true before the Section 43D(5) embargo applies. Witness statements, recovered communications and literature found at the residences did not show an overt terrorist act, conspiracy, direct support, or other prima facie involvement in the alleged offences. The Court also held that prolonged pre-trial incarceration of nearly five years, with trial not concluded and charges not framed, engaged Article 21 liberty concerns and could justify bail despite the seriousness of the allegations. Bail was therefore granted with conditions to be fixed by the Special Court. en-us Fri, 28 Jul 2023 00:00:00 +0530 Tue, 16 Jun 2026 16:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=312965 At the bail stage under the Unlawful Activities (Prevention) Act, the Supreme Court held that prosecution material must have sufficient probative value to make the accusations prima facie true before the Section 43D(5) embargo applies. Witness statements, recovered communications and literature found at the residences did not show an overt terrorist act, conspiracy, direct support, or other prima facie involvement in the alleged offences. The Court also held that prolonged pre-trial incarceration of nearly five years, with trial not concluded and charges not framed, engaged Article 21 liberty concerns and could justify bail despite the seriousness of the allegations. Bail was therefore granted with conditions to be fixed by the Special Court. Case-Laws Indian Laws Fri, 28 Jul 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=312965