The prosecution failed to establish prima facie evidence linking the appellant to offences under UAPA or IPC. Distortion of Witness Statement: Protected witness Z’s statement was misrepresented in the charge sheet (Para 11). No Terrorist Link: PFI (Popular Front of India) is not listed as a terrorist organisation under UAPA’s First Schedule (Para 19).

Bail Under UAPA (Section 43D(5)): Court reiterated the test from Zahoor Ahmad Shah Watali (2019) and Thwaha Fasal (2022): Bail can be granted if no reasonable grounds exist to believe accusations are prima facie true (Paras 13–15). No Evidence of Conspiracy/Terrorist Act: No material showed appellant’s involvement in unlawful activities, conspiracy, or organising terror camps (Paras 16–18).

Procedural Lapses: Rental Agreement: Alleged bogus tenancy lacked corroboration; rent transactions had plausible explanations (Paras 6–7). CCTV Footage: Appellant’s act of removing items (e.g., gas cylinders) before the raid did not indicate tampering with incriminating evidence (Para 9).

Major Acts and Sections Involved:

• Unlawful Activities (Prevention) Act, 1967 (UAPA): Sections 13 (Unlawful Activities), 18 (Conspiracy/Terrorist Act), 18A (Organising Terrorist Camps), 20 (Membership in Terrorist Organisation), and Section 43D(5) (Bail Restrictions).

• Indian Penal Code, 1860 (IPC): Sections 121 (Waging War Against India), 121A (Conspiracy to Commit Offences Under Section 121), 122 (Collecting Arms for Such Purpose).

Court’s Directions (Paras 20–23)

• Bail Granted: Appellant to be released on terms set by the Special Court within 7 days.

• Caution to Prosecution: Criticised the NIA for distorting witness statements (Para 11) and emphasised fairness in investigations.

• Trial Unaffected: Observations limited to bail; trial to proceed independently for co-accused (Para 23).

Subjects:

Bail jurisprudence, UAPA stringent conditions, prima facie truth, protected witness misrepresentation, terrorist organisation definition.

Question of Law

Whether the prosecution met the threshold of reasonable grounds under Section 43D(5) of UAPA to deny bail?

Ratio:

• Bail as Rule: Reaffirmed the constitutional imperative under Article 21 (Para 21).

• Limited Judicial Role at Bail Stage: Courts must avoid "mini-trials" but ensure accusations are prima facie credible (Paras 14–15).