The Special National Investigation Agency (NIA) court at Patiala House granted bail on Monday to Madhesh Shanker after he spent four years and nine months in custody in a case filed under the Unlawful Activities (Prevention) Act (UAPA).
Shanker was arrested in 2021 over allegations of terror activities in an NIA-registered case. Principal District and Sessions Judge Pitambar Dutt allowed bail upon the submission of a bail bond worth Rs 1 lakh and two sureties of the same amount.
The court imposed several conditions on Shanker, including surrendering his passport, refraining from involvement in similar crimes, and not communicating with other members of ISIS by telephone.
While granting bail, the court noted, “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 concluded, “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.”
Advocate Rahul Sahani, representing Shanker, argued that his client had been in custody for a long period and was entitled to bail on parity with other accused persons. It was contended that the provision of Section 43 D (5) does not apply in Shanker’s case.
The defense submitted that Shanker was arrested on August 4, 2021, in connection with allegations of radicalising youth through social media. They also noted that the chargesheet has been filed and charges framed, removing any apprehension about influencing the investigation.
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