VidhiSangh

Supreme Court of India · 07/02/2024

GURWINDER SINGH versus STATE OF PUNJAB & ANOTHER

[2024] 2 S.C.R. 134 · 2024 INSC 92

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Summary

For bail under the UAPA, the court must first decide from the case diary and final report whether the accusations prima facie disclose an offence under Chapter IV or VI. If that statutory bar is not attracted, the ordinary bail factors, including flight risk, witness influence and evidence tampering, are considered. The material against the appellant crossed the first threshold and bail was refused.

Issues

  1. What inquiry a court must conduct under Section 43D(5) UAPA when deciding bail.
  2. Whether the material against the appellant prima facie disclosed a Chapter IV or VI offence.

Provisions considered

Held

Result

The bail application was rejected and the appeal failed.

Judgment PDF: Supreme Court of India, [2024] 2 S.C.R. 134.