Bail with stringent safeguards may be granted despite earlier breach of conditions where absconding risk can be controlled.

Prior breach of bail conditions and apprehension of absconding did not automatically bar bail in a Customs Act prosecution where the Court considered the investigation to be at the final stage and the circumstances justified controlled release. Bail was granted on stringent safeguards, including surrender of passport, regular appearance before the investigating officer, deposit of security, and liberty to seek cancellation for any violation. The operative principle was that continued liberty may be permitted when the risk of default can be addressed through strict conditions rather than outright of bail.

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Issues: Whether the petitioner, against whom there was an allegation of violation of earlier bail conditions and apprehension of further default, was entitled to bail with stringent safeguards.

Analysis: The application arose in a prosecution under the Customs Act, where the petitioner had earlier failed to comply with bail conditions and had remained unavailable for a period, giving rise to a concern that he might again abscond or disobey conditions. At the same time, the investigation was stated to be at the final stage and the prevailing pandemic situation weighed against an early conclusion of trial. The Court therefore balanced the prior breach against the present circumstances and found that the risk could be managed by imposing strict conditions rather than refusing bail outright.

Conclusion: Bail was granted to the petitioner subject to stringent conditions, including surrender of passport, regular appearance before the investigating officer, deposit of security, and liberty to seek cancellation in case of violation.

Final Conclusion: The petitioner was enlarged on bail, but continued liberty was made conditional upon strict compliance with safeguards designed to secure his presence and prevent interference with the investigation.

Ratio Decidendi: Prior breach of bail conditions and apprehension of absconding do not by themselves preclude bail where the Court can secure the process by imposing stringent conditions suited to the circumstances.

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