Ashish Kumar v. State of Punjab, 2025
The Court balanced strict anti-terrorism laws with fundamental rights, underscoring the importance of due process and speedy trial under Article 21.
Judgement Details
Court
Punjab and Haryana High Court
Date of Decision
18 September 2025
Judges
Justice Deepak Sibal and Justice Lapita Banerji
Citation
Acts / Provisions
Facts of the Case
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The appellant was accused under UAPA and other related provisions for allegedly supplying illegal arms to co-accused Dharminder Singh @ Guggni and his associates.
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The co-accused were alleged to be involved in serious crimes like murder, dacoity, loots, and extortion.
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The appellant was in custody for over five years without material evidence linking him directly to terrorist acts.
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Charges were framed in April 2024, but the trial progressed very slowly with only one out of 40 prosecution witnesses examined.
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The main co-accused remained unarrested and un-interrogated, despite the case being filed in March 2021.
Issues
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Whether the appellant could be denied bail under UAPA despite long incarceration without sufficient evidence?
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Whether the prosecution produced any material evidence connecting the appellant to terrorist acts?
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Whether the delay in the trial and lack of interrogation of main accused justified bail?
Judgement
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The Court granted bail to the appellant after noting the lack of material evidence proving his involvement in terrorist activities.
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The Court highlighted the failure of the State to interrogate the main accused or advance the trial meaningfully over more than five years.
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The Court emphasized that long custody alone under UAPA entitles an accused to bail, citing the Supreme Court’s position to prevent trial delays becoming punishment.
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The Court relied on the Supreme Court’s ruling in Union of India v. K.A. Najeeb, confirming that constitutional courts retain the power to grant bail despite UAPA’s strict provisions.
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Considering only one witness was examined and the prosecution couldn’t estimate trial duration, the Court found no option but to release the appellant on bail.
Held
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The Bail granted to the appellant due to insufficient material evidence and prolonged trial delays violating his right to a speedy trial and liberty.
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The absence of any direct connection between the appellant and terrorist acts was crucial in the decision.
Analysis
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The Court balanced strict anti-terrorism laws with fundamental rights, underscoring the importance of due process and speedy trial under Article 21.
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The judgment reaffirmed that procedural safeguards cannot be bypassed even in sensitive UAPA cases.
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It also highlighted systemic issues like delayed prosecution and lack of timely interrogation affecting justice delivery.
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By referencing Supreme Court precedents, the High Court emphasized judicial oversight to prevent misuse of prolonged incarceration as a de facto punishment.
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The ruling is a reminder that bail is a fundamental right where prolonged detention without trial or sufficient evidence occurs.