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Supreme Court of India · 15/03/2021

FAKHREY ALAM versus THE STATE OF UTTAR PRADESH

[2021] 2 S.C.R. 1000 · 2021 INSC 183

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Summary

The Supreme Court granted default bail where the charge sheet concerning UAPA offences was filed after the extended 180-day period and after the accused had applied for bail. An earlier charge sheet covering IPC and Arms Act offences did not permit the State to evade the time limit by describing the later UAPA charge sheet as supplementary. Default bail, once its statutory conditions are fulfilled, forms part of the constitutional protection of personal liberty.

Issues

  1. Whether an earlier charge sheet for other offences defeated default bail when the UAPA charge sheet followed expiry of 180 days and the bail application.

Provisions considered

Held

Result

Appeal allowed; impugned orders set aside and default bail granted on terms satisfactory to the trial court. Parties to bear their own costs.

Judgment PDF: Supreme Court of India, [2021] 2 S.C.R. 1000.