Denial of Bail in UAPA Case Despite Personal Acquittals and Co-accused Parity Due to Grave Criminal Antecedents

On January 11, 2023, the appellant was intercepted by police based on confidential information. A personal search allegedly yielded three live cartridges and a mobile phone.

The appellant’s disclosure led to the recovery of a "MADE IN USA" revolver from co-accused Prince Sharma.

The prosecution alleged that the appellant intended to supply these arms to an active Maoist Commander, Hungo Madkami.

The appellant sought bail on grounds of deteriorating health (tuberculosis), acquittal in previous criminal cases, and parity with co-accused Sudhir Tripathi, who was granted bail by the Supreme Court.

This was the appellant's second bail application after a previous dismissal in 2025.

1. Whether the appellant is entitled to enlargement on bail based on the principle of parity with co-accused Sudhir Tripathi.

2. Whether the appellant’s medical condition and the conclusion of prior criminal cases constitute a material change in circumstances justifying bail.

3. Whether there is a prima facie case against the appellant under the Unlawful Activities (Prevention) Act (UAPA) that would bar the grant of bail.

The Court considered Sections 13(1), 38(2), and 39(2) of the Unlawful Activities (Prevention) Act, 1967, which govern membership and support to terrorist organizations.

It applied Section 25 of the Arms Act, 1959 regarding illegal possession of ammunition.

The court also assessed the principle of parity in bail jurisprudence, which dictates that similarly situated accused should be treated equally unless distinguishable by role or antecedents.

Finally, the court evaluated the weight of criminal antecedents and the "clean acquittal" doctrine versus acquittals due to hostile witnesses.

The Court rejected the plea for parity, noting that co-accused Sudhir Tripathi lacked the extensive criminal history of the appellant, whose role was found to be "distinct and distinguishable" and more "grave".

Regarding the appellant's acquittals in other cases, the Court observed these were not "clean acquittals" but resulted from witnesses turning hostile, which did not diminish his perceived dangerousness.

The Court emphasized that 15 out of 25 prosecution witnesses had already supported the NIA's case, establishing a strong prima facie nexus between the appellant and the banned Maoist organization.

The gravity of supplying arms to extremist elements, which threatens state security, outweighed the appellant's claims of medical distress.

The Court directed the trial court to conclude the proceedings as expeditiously as possible, ideally within six months, in light of the advanced stage of the trial.