Bail is rule even in UAPA cases: SC

The "bail is the rule and jail is an exception" legal principle is applicable even to offences under special statutes like the Unlawful Activities (Prevention) Act, the Supreme Court ruled on Tuesday while granting bail to a man accused of harbouring suspected terrorists.

A bench of Justices Abhay S Oka and Augustine George Masih said once a case has been made out for the grant of bail to an accused, the court cannot decline the relief.

"When a case is made out for a grant of bail, the courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the courts is to consider the case for grant of bail in accordance with the law. 'Bail is the rule and jail is an exception' is a settled law." the bench said.

The top court said even in cases like the present one where stringent conditions have been laid down for the grant of bail, the same rule holds good with the only modification being that bail can be granted if the conditions in the statute are satisfied.

"The rule also means that once a case is made out for the grant of bail, the court cannot decline to grant bail.