Why bail — even for UAPA and corruption charges — must not be denied
In her column for The Indian Express, advocate Anita Abraham argues that many special laws — such as the Prevention of Money Laundering Act, 2002 (PMLA), the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) and the Unlawful Activities (Prevention) Act, 1967 (UAPA) — have curtailed the court's discretion to grant bail.
For instance, under Section 37 of the NDPS Act, bail can only be granted to an accused if there are reasonable grounds for believing that the accused is “not guilty” and “he is not likely to commit any offence while on bail”. During a case being heard under one of the special acts last year, the Supreme Court raised an important question:
“What is meant by ‘not guilty’ when all the evidence is not before the court?”

