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Issues: Whether regular bail should be granted to the petitioner accused of demanding and accepting illegal gratification, having regard to the prima facie material, the possibility of tampering with evidence or influencing witnesses, and the need to protect personal liberty pending trial.
Analysis: The petition was considered on the settled principles governing bail, namely that liberty is the rule, detention before conviction is not punitive, and refusal of bail must be justified by real necessity. The material was at a prima facie stage and included voice recordings, transcripts and trap recovery, but their evidentiary value was left for trial. The Court found no credible basis to hold that the petitioner, though a senior police officer, was likely to abscond or tamper with evidence, particularly when the main evidence was documentary and the investigation was substantially complete. The petitioner's family circumstances were also noted as a relevant consideration.
Conclusion: Regular bail was granted to the petitioner subject to conditions, as the Court found no sufficient ground to continue pre-trial custody.
Final Conclusion: The application for bail succeeded on the footing that personal liberty outweighed any presently established necessity for continued detention, without any opinion on the merits of the prosecution case.
Ratio Decidendi: Bail should ordinarily be granted unless there are specific and substantial grounds showing a real risk of absconding, tampering with evidence, or otherwise defeating a fair trial.