Regular bail in economic offence case granted after Court found no prima facie diversion, flight risk, or witness intimidation.

Regular bail was granted in a case involving alleged economic offences, corruption and diversion of project funds because the Court found no convincing prima facie material showing direct diversion by the accused, no substantiated risk of absconding, tampering with evidence or witness intimidation, and noted that similarly placed co-accused had already obtained bail. The Court emphasised that bail must be assessed on the facts of each case and should not become a mini-trial, while balancing personal liberty against investigative needs. The interim bail was made absolute, the restriction on public rallies and meetings was relaxed from 29.11.2023, and the direction to submit medical records before the prison authority was modified to submission before the Special Court.

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Issues: Whether the petitioner was entitled to regular bail in a case alleging economic offences, conspiracy, corruption and diversion of project funds; whether the materials disclosed a prima facie case and any risk of absconding, tampering with evidence or influencing witnesses; and whether the conditions imposed during interim bail required modification.

Analysis: The petition was considered on the settled principle that bail depends on the facts of each case, the nature and gravity of the accusations, the prima facie material, and the likelihood of interference with the investigation. The record showed that the petitioner was added as an accused much later, that similarly placed co-accused had already been enlarged on bail, and that the prosecution did not place convincing material showing direct diversion of funds to the petitioner or his party accounts. The Court also found no substantiating material for the allegations of political vendetta, witness intimidation, or flight risk, and noted the petitioner's age, health condition, and existing interim bail history. While the prosecution relied on the seriousness of the alleged financial irregularities and corruption, the Court held that bail matters cannot become a mini-trial and that the liberty of the accused must be balanced against the needs of investigation. The Court further held that the restriction on public rallies and meetings deserved relaxation from the specified date, and that the medical records could be furnished before the Special Court instead of the prison authority.

Conclusion: The petitioner was held entitled to regular bail. The interim bail was made absolute, the regular bail request was allowed, and the challenged condition regarding public rallies and meetings was relaxed from 29.11.2023. The direction to produce medical records before the prison authority was modified to production before the Special Court.

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