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The Supreme Court has ruled that foreign nationals can be granted bail under the Unlawful Activities (Prevention) Act (UAPA) if their initial entry into India was legal and authorised, even if they overstayed their visa. This decision upheld a Madras High Court order granting bail to a Sri Lankan national accused in a terror case, stating that the prosecution failed to prove illegal entry. The court clarified the conjunctive conditions of Section 43D(7) of UAPA, emphasising that both foreign nationality and unauthorised entry must be proven to deny bail.