Jagtar Singh Johal, 39, from Dumbarton, Scotland, was arrested and bundled into an unmarked car just two weeks after his wedding in Punjab, northern India, in 2017, according to his family.
His brother Gurpreet Singh Johal said on Friday that Delhi High Court has overturned a previous 2024 decision and granted him bail.
Jaspal Singh Maujhpur, a lawyer acting for Mr Johal, told Sky News India correspondent Neville Lazarus he will have to meet bail conditions – which could include bail bond surety, costs, and appearing at the local police station – and won’t be returning to Scotland “any time soon”.
“Jaggi has to face trial here in India, the charges…are serious. Lets see when the trial happens. Jaggi has a home here as his in-laws live in Punjab. He will have to stay here till the time he is acquitted.”
Speaking to the BBC’s Radio Breakfast Scotland programme, Gurpreet said his brother could be released as early as next week.
“Jaggi will be released from prison after completing the relevant paperwork. Time to bring him home,” he said.
“This is a really, really important milestone for Jagtar’s campaign.”
Mr Johal was acquitted last year of financially supporting a terror group, but he could still be charged with federal offences in the country related to the same allegations and could still face the death penalty if convicted.
His family say he was detained for blogging about alleged human rights abuses against the Sikh community.
He is said to have been tortured, including with electric shocks, and forced to sign a confession to being part of an assassination plot as a result of his campaigning for Sikh rights.
A group of UN experts said his imprisonment is an example of arbitrary detention, where a person is jailed without a legal basis, and said he has endured “a form of psychological torture”.
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Indian authorities have previously denied the torture claim and repeatedly maintained due process is being followed.
His family have long campaigned for the British government to help secure his release.
His brother Gurpreet described the news he has been granted bail as a “relief” that “finally Jagtar would be at liberty”.
He said it had been a “difficult” nine years for his family and that the news was a “major step” and a “significant moment” for his brother.
“Jagtar’s wife has been crying since this morning,” he added.
Mr Johal’s constituency MP Douglas McAllister welcomed the “wonderful news” of the “breakthrough” after years of campaigning.
“We obviously are still waiting to understand the terms of the bail conditions but at last, he will be freed from an Indian prison,” he said in a post on X.
“As MP for West Dunbartonshire, I will continue to work with Jagtar’s family and team to push for his return home to Dumbarton and his family where he belongs. We now need the swift conclusion to all his outstanding cases. Let’s bring him home!”
