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Supreme Court grants bail to man in UAPA case, says prolonged custody sans chargesheet

A bench of Justices Vikram Nath and Sandeep Mehta observed that the custody of the accused for a prolonged period without filing of the chargesheet was “absolutely unjustified”.

2 min readNew DelhiUpdated: Dec 6, 2025 12:12 PM IST

The court held that the accused deserved bail as the chargesheet was not filed for almost two years in the UAPA case from the date of his arrest and there is no prospect of an early conclusion of the trial.

The court held that the accused deserved bail as the chargesheet was not filed for almost two years from the date of his arrest and there is no prospect of an early conclusion of the trial.

UAPA case bail news: The Supreme Court has granted bail to a man in an UAPA case who was detained in custody for almost two years without the chargesheet being filed.

A bench of Justices Vikram Nath and Sandeep Mehta observed that the custody of the accused for a prolonged period without filing of the chargesheet was “absolutely unjustified”.

“The custody of the petitioner for such a prolonged period without the chargesheet being filed was absolutely unjustified,” the court said.

Case

In 2023, a complaint was filed alleging that some persons from a banned organisation, i.e., the United Liberation Front of Assam (ULFA-Independent), were making demands of extortion money at a rate of Rs 1 lakh per year from various tea gardens.

The accused was caught by the Assam Rifles on July 23, 2023 while allegedly carrying extortion money of Rs 3.25 lakhs. Following this, an FIR was registered for the offences under Sections 384 (extortion) and 107 (abetment) of the IPC read with Sections 10(a)(iii) and (iv) ( member of an unlawful association) of the UAPA.

Also Read | How courts decide bail in UAPA cases: Adv Dhruv Gupta answers

Through the additional documents filed on behalf of the accused, it was pointed out to the top court that the accused has been granted default bail in another FIR for similar offence because chargesheet was not filed within the permitted period for conclusion of investigation.

The court held that the accused deserved bail as the chargesheet was not filed for almost two years from the date of his arrest and as there is no prospect of an early conclusion of the trial.

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“Chargesheet against the petitioner was not filed for almost two years from the date of his arrest and as there is no prospect of an early conclusion of the trial, the petitioner deserves indulgence of bail,” the court held.

The court, therefore, ordered his release on bail.

Ashish Shaji

Ashish Shaji is a Senior Sub-Editor at The Indian Express, where he specializes in legal journalism. Combining a formal education in law with years of editorial experience, Ashish provides authoritative coverage and nuanced analysis of court developments and landmark judicial decisions for a national audience. Expertise Legal Core Competency: Ashish is a law graduate (BA LLB) from IME Law College, CCSU. This academic foundation allows him to move beyond surface-level reporting, offering readers a deep-dive into the technicalities of statutes, case law, and legal precedents. Specialized Legal Reporting: His work at The Indian Express focuses on translating the often-dense proceedings of India's top courts into clear, actionable news. His expertise includes: Judicial Analysis: Breaking down complex orders from the Supreme Court and various High Courts. Legal Developments: Monitoring legislative changes and their practical implications for the public and the legal fraternity. Industry Experience: With over 5 years in the field, Ashish has contributed to several niche legal and professional platforms, honing his ability to communicate complex information. His previous experience includes: Lawsikho: Gaining insights into legal education and practical law. Verdictum: Focusing on high-quality legal news and court updates. Enterslice: Working at the intersection of legal, financial, and advisory services. ... Read More