UAPA case: Madhesh Shanker gets bail after 4 years, 9 months in jail

Delhi's Special NIA court granted bail to Madhesh Shanker, accused in a UAPA terror case, after nearly five years in custody. The court cited the prolonged trial, with 90 witnesses yet to be examined, as the primary reason for the bail.

The Special National Investigation Agency (NIA) court at Patiala House on Monday granted bail to Madhesh Shanker after a custody of 4 years and 9 months in a case under the Unlawful Activities (Prevention) Act (UAPA).

He was arrested in a case lodged by the NIA in 2021 for alleged terror activities.

Court's Reasoning and Bail Conditions

Principal District and Sessions Judge (PDSJ) Pitambar Dutt granted bail to Madhesh Shanker on furnishing a bail bond of Rs 1 lakh and two sureties in the like amount. The court has imposed conditions, including that he shall surrender his passport, shall not get involved in similar kinds of offences, and shall not communicate with the other members of ISIS telephonically.

While granting bail, the court observed that the accused Madesh Shankar alias Abdullah is in judicial custody for a period of more than four years and nine months. "The trial of the case is not going to complete in near future, as prosecution has only examined 61 witnesses by now and still around 90 witnesses remains to be examined, which will take substantial time to conclude the trial," the court said.

"Keeping in view the above and circumstances application filed on behalf of accused Madesh Shanker alias Abdullah is allowed. Accused Madesh Shanker is admitted to bail on furnishing personal bond/surety bond of Rs. One Lakh with two sureties of equal amount," the court ordered.

Defense Arguments

Advocate Rahul Sahani appeared for the accused and argued that he had been in custody for a long period of time. It was also stated that "he is entitled to be released on bail on parity with other accused persons." It was also argued that the condition of provision of 43 D (5) does not apply in the case of Madhesh Shanker.

It was further stated that Madhesh Shanker was arrested on August 4, 2021, in a case linked to the allegations of radicalising the youth through social media. It was also stated that the chargesheet has been filed and charges have been framed; therefore, there is no apprehension of influencing the investigation. (ANI)

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