Does the duration of incarceration under the UAPA by itself entitle an accused to bail under Article 21?

No. The question of whether detention would offend Article 21 of the Constitution would depend on the facts and circumstances of each case, the gravity of the offence, the role and the nature of evidence relied upon by the prosecution. Here the duration of incarceration was weighed against the affidavit filed by the respondent confirming that cognizance has been taken, charges have been framed, trial has commenced, prosecution witnesses have been examined, and the prosecution has undertaken to prune the list of witnesses and to take all efforts to complete the trial within a period of six months.

Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Constitution of India — Art.21 — Bail — Duration of incarceration — Prima facie case — Finality of earlier order — Constitution of India — Art.21 — Unlawful Activities (Prevention) Act, 1967 — Bail — Detention tested case by case — Held: Whether detention would offend Article 21 of the Constitution depends on the facts and circumstances of each case. The gravity of the offence, the role and the nature of evidence relied upon by the prosecution govern that question. (¶13) Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Bail — Earlier prima facie finding attains finality — Held further: Where an earlier order rejecting bail has attained finality, the prima facie case established against the accused attains finality with it. A review will not lie on material that does not in any way improve his case. (¶13, 14) Unlawful Activities (Prevention) Act, 1967 — s.43D(5) — Prima facie case — Innocuous items assessed together — Held further: Items which separately taken may not be of much consequence are assessed as the prosecution puts them, namely taken together for operating an IED as a preparation for violent jihad. Appeal dismissed. (¶15, 17)

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