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Issues: Whether a bail application under Section 439 of the Code of Criminal Procedure, 1973 is maintainable when the accused is not in physical custody and appears only through video conferencing.
Analysis: Section 439 contemplates release on bail of a person who is accused of an offence and is in custody. Custody, for this purpose, requires physical control of the accused by the court or the investigating agency, or at least the accused's physical presence before the court coupled with submission to its jurisdiction and orders. The principles stated in the governing precedents were applied to hold that mere appearance through video conferencing from a remote place does not amount to surrender or custody. Since the applicant had neither been arrested nor physically surrendered before the court, the jurisdiction to entertain a regular bail request under Section 439 did not arise.
Conclusion: The bail petition was not maintainable.
Final Conclusion: A request for regular bail under Section 439 requires custody in the legal sense, and virtual appearance alone is insufficient to satisfy that requirement.
Ratio Decidendi: For the purpose of Section 439 of the Code of Criminal Procedure, 1973, custody means physical control or physical presence before the court with submission to its jurisdiction, and a person appearing only through video conferencing without physical surrender is not in custody.
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