The
legal principle 'Bail is rule, jail is an exception' is applicable to offences
even under special statutes like the Unlawful Activities (Prevention) Act, the
Supreme Court on Tuesday ruled while granting bail to a man accused under the
stringent anti-terror law.
A
bench of justices Abhay S Oka and Augustine George Masih said if courts start
denying bail in deserving cases, it will be a violation of fundamental rights.
"Allegations
of the prosecution may be very serious, but it is court's duty to consider the
case for bail in accordance with law. Bail is the rule and jail is the
exception applies even to special statutes. If courts start denying bail in
deserving cases, it will be a violation of rights guaranteed under Article 21,"
the bench said while pronouncing its judgement.
The
verdict came while releasing a man named Jalaluddin Khan on bail. Khan was
booked under the stringent provisions of the UAPA and other sections of now
defunct Indian Penal Code for renting out upper floor of his house to alleged
members of the banned organisation Popular Front of India (PFI).
According
to the National Investigation Agency, probe revealed that the criminal
conspiracy was hatched with an intention to carry out acts of terror and
violence, leading to an atmosphere of terror and endangering the unity and
integrity of the nation.
In
furtherance of their conspiracy, the accused arranged rented accommodation in
Ahmad Palace in Phulwarisharif (Patna) and used its premises for imparting
training in commission of acts of violence, and holding criminal conspiracy
meetings.
The Bihar Police had
received information about a plan of accused persons to cause disturbance
during the proposed visit of Prime Minister Narendra Modi in 2022.