IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.4722 OF 2024 (Arising out of S.L.P.(Criminal) No.10766 of 2024)
UNAIS UMAR KHAIYYAM PATEL ... APPELLANT(S)
VS.
THE ANTI TERRORISM SQUAD & ANR. ... RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned senior counsel appearing for the
appellant and the learned counsel appearing for the
respondents.
As far as the Unlawful Activities (Prevention) Act,
1967 (for short, "the 1967 Act") is concerned, the
offence alleged as against the appellant is under Section
13(1)(b) of the 1967 Act. As the said offence falls in
Chapter III of the 1967 Act, stringent conditions for
grant of bail under sub-section (5) of Section 43(D) of
the 1967 Act will not apply. The allegation against the
appellant is that he was helping the members of the
Popular Front of India to deal with IT related issues.
Criminal Appeal arising out of SLP(Criminal)No.10766 of 2024 1
There are three factors in favour of the appellant
which make out a case for grant of bail: (1) The limited
role ascribed to him; (2) He has undergone incarceration
for a period of 2 years and 2 months and 190 witnesses
are to be examined; and (3) as stated earlier, stringent
conditions for bail under Section 43(D)(5) of the 1967
Act are not applicable in this case. Therefore, the
appellant is entitled to be...