Prolonged pre-trial detention justifies bail where trial remains stalled and similarly placed co-accused are already on release.

Prolonged pre-trial detention can justify bail where an accused has remained in custody for over 26 months and the trial has not reached the stage of framing of charge. The Delhi High Court applied the principle that an undertrial cannot be kept in custody indefinitely without progress in trial, particularly where similarly placed co-accused had already secured bail. Bail was granted subject to safeguards to ensure the accused's presence and prevent interference with the investigation and trial.

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Issues: Whether the petitioner, an undertrial accused in a serious criminal case, was entitled to bail on account of prolonged incarceration without trial.

Analysis: The petitioner had remained in custody for more than 26 months while the trial had not progressed to the stage of framing of charge. The decision turned on the principle that an accused cannot be kept in custody indefinitely without trial, and that prolonged pre-trial detention, particularly where similarly placed accused had obtained bail, justified release on bail. The Court applied that principle to the petitioner's long incarceration and granted bail subject to safeguards to secure his presence and prevent interference with the investigation and trial.

Conclusion: The petitioner was entitled to bail.

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