Special Judge DE Kothalikar directed him to be released on bail between September 13 - 27 on furnishing a PR Bond of Rs 50,000 with 2 sureties.
He is directed to submit details of his travel and stay in Kerala to the Superintendent of NIA.
Wilson's father passed away at AT Neendakara, Kerala. He was 84. Wilson sought bail for two weeks from September 13, 2021. Wilson said that a ceremonial mass is scheduled for September 16, 2021 and if he is allowed to meet his family, it would bring him "solace."
Advocate Neeraj Yadav urged the court to consider allowing Wilson to visit his father's grave on a "humane consideration," adding, that there are judicial precedents to consider a bail plea on humanitarian grounds.
NIA opposed his plea saying that final rites are already over. Wilson's brother or any other family member could attend the funeral prayer.
Neither is his presence necessary nor has he proved that the "mass" could not happen in his absence, the NIA said, adding, he was simply creating a ground for release.
Wilson had met his father in April 2018, months before his arrest in the case.
Wilson was the first accused in the case to be arrested by the Pune police on June 6, 2018. He, along with 14 other civil liberties activists and academics, are incarcerated, facing charges under the stringent Unlawful Activities (Prevention) Act (UAPA) based on letters primarily retrieved from his and co-accused Surendra Gadling's computer to claim a conspiracy to overthrow the government.
The Bombay High Court recently granted co-accused Surendra Gadling temporary bail for nine days, from August 13-21, to perform his mother's funeral rites on her first death anniversary on humanitarian grounds.
The rigours of regular bail under UAPA would not apply for the grant of temporary bail on humanitarian grounds, the court had said.
The HC is hearing Wilson's plea challenging his prosecution under UAPA on the grounds that the incriminating letters were planted on his laptop.
His petition is buoyed by a report by Arsenal Consulting, a digital forensics consulting company in the USA, which concluded that Wilson's computer was infected with a malware, called NetWire, which was planted through an email on June 13, 2016, two years before his arrest.
Other Bail Condition
- Report to the local police station on 14 and 24 September.
- Surrender Passport to the court.
- Not leave Kerala
- Submit addresses of at least three relatives for verification.
- Not to tamper with evidence and surrender on September 27, at 6pm.