Bail In UAPA Case: No Reasonable Grounds to Believe Accusations Are Prima Facie True: P&H HC

Punjab and Haryana High Court, in a significant ruling today, granted regular bail to Nirmal Singh alias Nimma, setting aside the previous order of the Additional Sessions Judge, Moga. The appellant was denied bail under various stringent laws, including the Arms Act, Unlawful Activities (Prevention) Act (UAPA), and the Explosive Substances Act.

The bench, comprising Hon'ble Mr. Justice Anupinder Singh Grewal and Hon’ble Ms. Justice Kirti Singh, critically examined the material on record. The court observed a notable absence of prima facie material linking Singh to the alleged offenses. In a pivotal statement, the bench declared, "There are no reasonable grounds for believing that the accusation against the appellant is prima facie true."

This observation formed the crux of the court's decision, emphasizing the lack of substantial evidence against Singh. The appellant, who had been in custody for over a year, was primarily implicated based on a co-accused's statement, which the court found insufficient without corroborating evidence, such as recovery or call detail records.

In their detailed analysis, the Justices also took into account the stringent provisions of the UAPA Act, under which bail is generally challenging to secure. The court's decision to grant bail, despite these provisions, highlights their careful scrutiny of the accusations and evidence presented.

Date of Decision: November 30, 2023

Nirmal Singh alias Nimma  VS State of Punjab