Bengaluru Riots: Karnataka HC Grants Default Bail to 115 People Charged Under UAPA https://thewire.in/law/bengaluru-riots-karnataka-hc-grants-default-bail-to-115-people-charged-under-uapa The National Investigation Agency had failed to bring a case against the accused during the first 90 days after their arrest.
According to LiveLaw, Justice Shetty said, “The fundamental right of an individual recognized under Article 21 of the Constitution of India cannot be defeated other than in accordance with law. Since the order passed by the trial court on the application filed by the prosecution seeking extension of time for completion of the investigation is already held to be bad in law, the statutory right that has accrued to the petitioners/accused immediately after the completion of the first 90 days of period which right has been availed of by them by filing an application under Section 167(2) of the Code, seeking statutory bail and also offering surety cannot be denied to the petitioners/accused.”
The court also did not entertain the prosecution’s contention that the accused can apply for regular bail as it had already filed a charge sheet after the trial court had extended the time period for the probe in November 2020.