New Delhi (ILNS): The Supreme Court yesterday granted bail to a man accused of aiding the escape of a terror suspect when the bench found that the man had not been named in the FIR. While not interfering in the progress of the main investigation, the top court set aside this order of the Rajasthan High Court.
The accused had been charged under the Unlawful Activities (Prevention) Act, 1967 (UAPA). The top court observed: “The High Court stating that a prima facie case has been made out against the petitioner based on the public prosecutor’s statement cannot be said to be strictly correct.”
The accused had been charged under Section 43D(5) of the UAPA for aiding the escape of a terror suspect from whose house explosive material had been recovered by the police.
On perusal of the FIR, the bench comprising Justices RF Nariman, Navin Sinha, and KM Joseph said that the accused had not been named in the FIR.
The bench further said: “Having perused these documents, without saying anything more, so as not to prejudice the trial, we set aside the judgment of the High Court”
The bench directed that the accused be released on bail, subject to the usual conditions to be imposed by the trial court.
-India Legal Bureau