Regular bail granted on medical grounds where custody had continued after challan filing and trial was expected to take time.

Regular bail under Section 439 CrPC was considered in light of custody already undergone, filing of the challan, absence of any other case, and the petitioner's advanced HIV-positive condition. The court noted that the trial would take time and that continued incarceration would serve no useful purpose. Without expressing any view on the merits, it treated the medical condition and custodial circumstances as sufficient grounds for release on bail, and the petitioner was stated to be entitled to regular bail.

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Issues: Whether the petitioner was entitled to regular bail under Section 439 of the Code of Criminal Procedure in view of the stage of the case and his medical condition.

Analysis: The petitioner had been in custody since 04.06.2023, the challan had already been presented, and there was no other case against him. His advanced stage of HIV positive condition was not controverted. The Court found that the trial would take sufficient time and that continued incarceration would serve no useful purpose. Without expressing any opinion on the merits, the Court considered the medical condition and the circumstances of custody as sufficient grounds for release on bail.

Conclusion: The petitioner was held entitled to regular bail.

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