Bail after charge sheet filing and before cognizance: prolonged custody and case circumstances justified release

Bail was granted to a petitioner who had remained in custody for over a year, after charge sheets were filed in both matters but cognizance had not yet been taken. The Court considered that investigation could still continue against co-accused, along with the nature of the alleged offences and the period of incarceration already undergone, and found release on bail justified. Bail was therefore allowed in both cases, subject to strict terms and conditions to be fixed by the Trial Court.

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Issues: Whether the petitioner, who had been in custody for more than one year and against whom charge sheets had been filed but cognizance had not yet been taken, was entitled to be released on bail in both cases.

Analysis: The Court noted that charge sheets had already been filed in both matters, that investigation could be treated as continuing against the co-accused, and that cognizance had not yet been taken on the filed charge sheets. It also took into account the nature of the alleged offences and the period of incarceration already undergone.

Conclusion: The petitioner was held entitled to bail in both cases, subject to strict terms and conditions to be imposed by the Trial Court.

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