In a strongly worded intervention, the Supreme Court of India has granted bail to an accused under the stringent Unlawful Activities (Prevention) Act (UAPA) who was incarcerated for over two years without a chargesheet being filed by the investigating agency.
The bench, comprising Justice Vikram Nath and Justice Sandeep Mehta, expressed severe dismay at the long period of detention, with Justice Mehta emphatically stating, “How can you keep someone behind bars for two years without chargesheet? This is appalling! How is this arrest legal?”
The Court’s Observation and Order
The bench noted that the petitioner was arrested on July 23, 2023, by the Assam Police. The primary allegation against the accused was the recovery of Indian currency notes of ₹3.25 lakh at the time of apprehension on the same day.
Crucially, the Court’s order highlighted the following undisputed facts:
- Period of Detention: The petitioner had been in custody since July 23, 2023.
- Chargesheet Date: The chargesheet in the case was filed only on July 30, 2025. This period clearly exceeds the statutory time limit for filing a chargesheet, which is 90 days, extendable up to 180 days, under the UAPA.
- Default Bail under UAPA: The Court affirmed that the provision for default bail (or statutory bail), as enshrined under Section 167(2) of the Code of Criminal Procedure (CrPC), is applicable to cases registered under Section 43D(2) of the UAPA.
- Legality of Detention: The bench ruled: “In the present case the custody has continued by more than 2 years and hence by no stretch of imagination it can be said to be legal.”
The Court also noted that the petitioner had already been granted default bail by the trial court in two other cases, strengthening the decision to grant bail in the present matter.
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