Individual bail assessment in disproportionate assets prosecution led to bail for two accused and refusal for the third.

Bail discretion under Section 439 of the Code of Criminal Procedure was exercised individually for each accused in a disproportionate assets prosecution. The Court noted allegations of accommodation entries through firms and companies, but found that Garima Bhushan and Karuna Singh had separate family lives and income profiles, so their applications merited bail. For Sunny Yadav, the Court found the allegations more substantial and his role the most serious, so regular bail was declined, with only limited interim protection granted to approach a higher forum.

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Issues: (i) Whether the applicants Garima Bhushan and Karuna Singh were entitled to bail in the alleged disproportionate assets case; (ii) Whether Sunny Yadav was entitled to bail in the same case.

Issue (i): Whether the applicants Garima Bhushan and Karuna Singh were entitled to bail in the alleged disproportionate assets case.

Analysis: The applications were considered after surrender and custody. The material indicated allegations of disproportionate assets and use of firms and companies for accommodation entries, but the Court also noted that Garima Bhushan and Karuna Singh were married and had separate family lives and income profiles. Without expressing any opinion on the merits, the Court found that their case called for indulgence on bail.

Conclusion: Bail was granted to Garima Bhushan and Karuna Singh.

Issue (ii): Whether Sunny Yadav was entitled to bail in the same case.

Analysis: The Court found the allegations against Sunny Yadav to be more substantial and his involvement to be the maximum among the applicants. On that assessment, and without deciding the merits finally, the Court declined to extend bail to him, while granting only limited interim protection to enable recourse to higher forum.

Conclusion: Bail was refused to Sunny Yadav.

Final Conclusion: The proceeding resulted in partial relief, with regular bail granted to two applicants and rejected for the third, along with ancillary interim protection and trial-related directions.

Ratio Decidendi: Bail discretion under Section 439 of the Code of Criminal Procedure, 1973 turns on the individual role and material against each accused, and may be exercised separately even within the same prosecution.

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