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Supreme Court of India 2021-02-01 dismissed

Union of India vs K.A. Najeeb

Bench: 3 — N.V. Ramana, Surya Kant, Aniruddha Bose

In Brief

The Supreme Court upheld a High Court's bail grant to an accused charged under the UAPA in connection with a 2010 violent attack on a college professor. Although the UAPA imposes strict bail restrictions, the Court held that Constitutional Courts can override these provisions when an undertrial has spent excessive time (over five years) in custody with little prospect of trial commencement. The Court balanced the gravity of charges against the right to speedy trial and liberty under Article 21, granting bail subject to conditions requiring weekly police reporting and abstention from communal activities.

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Criminal Law Bail & Custody Constitutional Law Unlawful Activities (Prevention) Act Speedy Trial Right to Liberty

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