The jurisprudence surrounding the grant of bail in Unlawful Activities (Prevention) Act (UAPA) cases is actively evolving. While lower courts frequently cite the stringent provisions of this anti-terror law when rejecting bail applications, specific circumstances allow for its consideration. Beyond the standard "tripod test"—which assesses an accused's willingness to face trial, their capacity not to tamper with evidence, and their assurance against influencing witnesses—UAPA cases require the satisfaction of two additional "twin conditions."
Judicial analysis indicates that bail may be granted if there are no "reasonable grounds to believe the accusation is prima facie true." Significantly, the Supreme Court, in State of Uttar Pradesh, 2024, established that a violation of the right to speedy trial or prolonged pre-trial custody can lead to bail. This ruling posits that Article 21, protecting life and liberty, overrides the statutory bar under Section 43D(5) and effectively diminishes the aforementioned twin conditions. Courts consider a multitude of factors when adjudicating bail applications in UAPA indictments.
Source: https://indianexpress.com/article/legal-news/how-courts-decide-bail-in-uapa-cases-adv-dhruv-gupta-answers-10338049/