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Supreme Court Denies Bail to Khalid, Imam as Five Co-Accused Get Conditional Release Under UAPA

The court adopted a role-based test for UAPA bail with reapplication allowed after protected witnesses testify or after a year.

Overview

  • Justices Aravind Kumar and N V Anjaria held there is a prima facie UAPA case against Umar Khalid and Sharjeel Imam, placing them at the top of a stated hierarchy of participation.
  • The ruling interpreted Section 15 to potentially cover coordinated road blockades and systemic disruption of civic life as terrorist acts at the prima facie stage.
  • The bench said prolonged incarceration and trial delay are not a trump card under Section 43D(5), while permitting Khalid and Imam to renew bail after key witnesses are examined or after one year.
  • Gulfisha Fatima, Meeran Haider, Shifa-ur-Rehman, Mohd Saleem Khan and Shadab Ahmed were granted bail with strict terms including Rs 2 lakh bonds with two local sureties, passport surrender, restricted movement, reporting to the Crime Branch twice a week and no contact with witnesses or public commentary on the case.
  • On Tuesday, several of the released co-accused submitted bonds at Karkardooma Court for verification as protests at JNU drew police attention to viral sloganeering and editorials debated the ruling’s implications for UAPA bail practice.