A Special National Investigation Agency (NIA) court at Patiala House in New Delhi on Monday granted bail to Madhesh Shankar alias Abdullah, who had spent more than four years and nine months in judicial custody in a case registered under the Unlawful Activities (Prevention) Act (UAPA). The accused was arrested in 2021 in connection with allegations of involvement in terror-related activities.

Principal District and Sessions Judge Pitambar Dutt allowed the bail plea, directing Madhesh Shankar to furnish a personal bond of Rs 1 lakh along with two sureties of the same amount. The court also imposed several conditions, including surrendering his passport, refraining from engaging in similar offences, and avoiding telephonic communication with alleged ISIS members.

While granting relief, the court noted the prolonged period of incarceration and the slow progress of the trial. It observed that Madhesh Shankar had remained in custody for more than four years and nine months and that the proceedings were unlikely to conclude in the near future. The prosecution has examined 61 witnesses so far, while approximately 90 witnesses are yet to be examined.

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The court said that recording evidence from the remaining witnesses would take considerable time, making an early conclusion of the trial improbable. Taking these circumstances into account, it allowed the bail application and directed the accused's release upon compliance with the stipulated conditions.

Advocate Rahul Sahani, appearing for the accused, argued that his client had been in custody for an extended period and was entitled to bail on parity with other accused persons. The defence also contended that the restrictions on bail under Section 43D(5) of the UAPA were not applicable in Madhesh Shankar's case.

The defence further submitted that Madhesh Shankar was arrested on August 4, 2021, over allegations of radicalising youth through social media platforms. It also argued that since the chargesheet had already been filed and charges framed, there was no reasonable apprehension that the accused could interfere with the investigation. The case remains under trial before the special NIA court.

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