Can you get bail for UAPA cases?

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Yes, but the UAPA has special bail conditions for a person accused of being involved in a terrorist activity or involved with a terrorist organisation. The accused cannot get bail:

Unless the government’s lawyer has heard the bail application.
If the court thinks that there is a reasonable possibility that they actually committed the offence that they have been accused of.

If a UAPA offence is committed by a person who is not an Indian citizen, or a person who has entered India illegally, the court will not give bail. Such a person can get bail only in very exceptional circumstances and the court has to record the reasons for granting bail.

The Supreme Court has held that violation of the fundamental right to a speedy trial is a ground for the constitutional court to grant bail in UAPA cases.

If you want to know more about Bail, check out our explainer.

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