The Supreme Court on Tuesday held that “bail is the rule, jail is an exception” even for offences under special laws like the Unlawful Activities Prevention Act, reported Live Law.

The court said this while granting bail to a man named Jalaluddin Khan, who has been accused under the anti-terrorism law of renting out his property in Patna district’s Phulwari Sharif town to alleged members of the banned organisation Popular Front of India.

It has been alleged that the group conducted training sessions for members on Khan’s property.

The sessions were part of a plan to organise former members of the Students Islamic Movement of India and the Popular Front of India into a new group, according to the National Investigation Agency.

The Patna High Court and a special National Investigation Agency court had earlier denied Khan bail in the case.

The Union government banned the Popular Front of India and its associates for five years in 2022 under the Unlawful Activities Prevention Act for alleged terrorism activities.

Khan was booked under provisions of the same law and sections of the Indian Penal Code.

According to the National Investigation Agency, documents related to the alleged unlawful activities were discovered during a police raid at the rented premises in 2022. Persons from outside Bihar allegedly participated in the training sessions that were held there.

The Supreme Court said on Tuesday that when there is a case for grant of bail, the courts should not hesitate in granting relief to persons.

“Allegations of the prosecution may be very serious, but the court's duty is to consider the case for bail in accordance with law,” the bench said. “Now we have said that ‘bail is the rule and jail is the exception’ is applied even to special statutes. If courts start denying bail in deserving cases, it will be a violation of rights guaranteed under Article 21 [personal liberty].”

Also read: ‘Jail is rule’: Why did a recent Supreme Court order break the liberal trend in UAPA bail cases?