Harpreet Singh Talwar @ Kabir Talwar vs State of Gujarat 2025 INSC 662 - S.43D(5) UAPA - Bail
Unlawful Activities (Prevention) Act 1967 - Section 43D(5) - The court, at the stage of bail is not required to meticulously examine the admissibility and reliability of evidence. The degree of satisfaction required under this provision has to be lower than the proof beyond reasonable doubt, but must still be rooted in material that is not inherently improbable or ex facie unreliable- The rigour of Section 43D(5) of the UAPA would, however, in an appropriate case yield to the overarching mandate of Article 21 of the Constitution, especially where the trial is inordinately delayed or where the incarceration becomes punitive. However, such relaxation cannot possibly be automatic and must be evaluated in light of the specific facts and risks associated with each case, (Para 23-24)
