Interim bail on health, custody, and attendance safeguards granted amid pandemic concerns and trial-related conditions

Interim bail was granted on a combination of custody-related and practical factors: the petitioner had spent more than two years in custody, had family support and a permanent residence in Goa, and gave an affidavit undertaking to attend trial dates and participate through video conferencing. The Court treated the jail pandemic situation as a serious concern, while the medical report showed only a mild skin allergy with improvement and stable vitals. It also noted satisfactory jail conduct, no other pending cases, and the absence of two independent witnesses at the alleged seizure. Release was ordered for 45 days on conditions ensuring attendance and non-interference with the trial.

---

---

Issues: Whether the petitioner was entitled to interim bail in view of the prevailing pandemic, her custody period, medical condition, and assurance of attendance before the trial court.

Analysis: The petitioner had been in custody for more than two years, was a permanent resident of Goa with family support, and had filed an affidavit undertaking to attend trial dates and video conferencing proceedings. The jail report noted only mild skin allergy with treatment showing improvement and stable vitals, while the broader pandemic situation in the jail was treated as a serious factor. The Court also noted the absence of two independent witnesses at the alleged seizure, the satisfactory jail conduct, and the lack of any other pending cases against the petitioner. The validity of the statement under Section 67 of the NDPS Act was not examined at this stage.

Conclusion: Interim bail was granted to the petitioner for 45 days on stated conditions, including residence at her permanent address, periodic reporting, cooperation through the investigating officer, and attendance in trial as directed.

Final Conclusion: The petition was allowed and the petitioner was released on interim bail subject to conditions designed to secure her presence and prevent interference with the trial.

Ratio Decidendi: Interim bail may be granted where custody conditions, health concerns, roots in society, and reliable undertakings to appear in trial together justify temporary release subject to safeguards.

---