Mere Delay in Trial Not a Ground for Bail in Anti-Terror Cases: Jharkhand High Court

The Jharkhand High Court refused to grant bail to an accused booked under the Unlawful Activities (Prevention) Act, 1967, holding that mere delay in the trial or prolonged incarceration cannot by itself justify bail in cases involving serious offences affecting national security.

A Division Bench of Justice Sujit Narayan Prasad and Justice Gautam Kumar Choudhary emphasised that the stringent restrictions on bail under Section 43D(5) of the UAPA must be respected when the allegations appear prima facie true.

The Court observed that delay in trial in grave offences cannot override the statutory bar on bail.

[Kundan Kumar v. National Investigation Agency]