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Supreme Court Grants Bail in UAPA Case After Two-Year Custody Without Chargesheet

The bench held that detention beyond UAPA’s 180‑day investigation ceiling is unlawful.

Overview

  • A Supreme Court bench of Justices Vikram Nath and Sandeep Mehta condemned the prolonged detention as "appalling" and "illegal."
  • Tonlong Konyak was arrested on July 23, 2023, near the Nagaland border, and the chargesheet was filed only on July 30/31, 2025, with trial courts having already granted him default bail in two connected cases.
  • The court reiterated that Section 43D of the UAPA permits extension for filing a chargesheet only by express judicial order and only up to 180 days.
  • On a preliminary reading, the bench found no incriminating recovery from Konyak and no direct evidence linking him to alleged extortion.
  • Assam’s counsel cited absconding co‑accused and claimed Konyak is a Myanmar national who entered illegally, arguments earlier accepted by the Gauhati High Court when it denied bail in December 2024.