Bail principles in conspiracy and corruption cases: custody is not punishment where trial remains at an early stage.

Bail under Section 439 CrPC was granted in a conspiracy and corruption matter after applying settled factors of gravity of accusation, character of evidence, risk of flight, and possible influence on witnesses. The applicant had remained in custody since June 2022, but the trial was still at an early stage with many witnesses and untranslated documents pending. No specific apprehension of absconding was shown, and bail had already been granted to the main accused in related proceedings. The Court reiterated that pre-trial custody is meant to secure attendance, not punish, and that any misuse of liberty can be addressed through cancellation of bail.

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Issues: Whether the applicant was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in a case involving allegations of conspiracy and corruption.

Analysis: The application was considered on settled bail principles, including the seriousness of the , the character of the evidence, the likelihood of the accused fleeing from justice, and the possibility of influencing witnesses. The applicant had been in custody since 09.06.2022, while the trial was still at an early stage with a large number of witnesses and untranslated documents remaining. Bail had already been granted to the main accused in related proceedings, and no specific apprehension of absconding was shown. The Court also noted that custody during trial is meant to secure at trial and not to punish, and that any misuse of liberty could be addressed through cancellation of bail.

Conclusion: The applicant was entitled to bail, and the request for release on bail was allowed.

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