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Synopsis

In a significant order passed on September 12, 2024, the Allahabad High Court granted bail to Kamal K.P., a member of the Popular Front of India (PFI), arrested under the Unlawful Activities (Prevention) Act (UAPA).

The bench of Justice Attau Rahman Masoodi and Justice Mohd. Faiz Alam Khan emphasized the accused’s statutory right to "default bail," which applies when an investigation is not completed within the mandated period of 90 days.

Kamal K.P. was arrested on March 3, 2023, and subsequently charged with various offences under the UAPA, Indian Penal Code (IPC) Sections 153-A, 295-A, 124-A, 120-B, and the IT (Amendment) Act, 2008. Despite being in judicial custody and facing serious accusations, the delay in filing the charge sheet became central to the bail plea.

The counsel for Kamal K.P. argued that despite an application for extension being filed by the prosecution on June 1, 2023, the charge sheet was not submitted within the 90-day limit, thus triggering Kamal's entitlement to bail. 

The defense relied on previous Supreme Court rulings to reinforce their argument that the extension of the investigation period came too late, further solidifying Kamal's case for release.

Court agreed, stating that Kamal’s detention beyond the 90 days violated his right to default bail, a safeguard provided under both the Code of Criminal Procedure (CrPC) and UAPA.

According to the division bench, the delay in completing the investigation beyond 90 days, without the appropriate extension order, grants the accused an "indefeasible right" to default bail.

Case Title: Kamal K.P. v. State of UP