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.