Bail under Section 439 CrPC may be granted where absconding risk is low and tampering concerns can be controlled by conditions.

Bail under Section 439 CrPC was considered by reference to the nature of the accusation, the stage of investigation, the accused's availability for trial, and the risk of tampering with evidence. On the facts, the applicant's claimed absence from Delhi at the relevant time and the limited material linking him to the theatre weighed in favour of release. The apprehension of interference with prosecution evidence was treated as manageable through bail conditions. The petitioner was therefore found entitled to bail, without any expression on the merits of the case.

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Issues: Whether the petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in view of the nature of the accusation, the stage of investigation, and the apprehension of tampering with evidence.

Analysis: The application was considered on the facts of the incident, the petitioner's asserted absence from Delhi at the relevant time, the limited material showing his connection with the theatre, and the governing principles that bail depends on the nature of the accusation, the evidence, the likelihood of the accused remaining available for trial, and the risk of interference with prosecution evidence. The apprehension of tampering was treated as capable of being addressed by conditions of bail.

Conclusion: The petitioner was held entitled to bail.

Ratio Decidendi: In a bail application, where the accused is not shown to be likely to abscond and the risk of tampering with evidence can be controlled by conditions, bail may be granted even in a serious case, without expressing any view on the merits.

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