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of <h1>Grant of bail pending trial where prolonged custody and trial delay justified enlargement without commenting on merits.</h1> Application addresses bail pending trial for accused charged with alleged conspiracy and supply of illegal arms. Court considers sufficiency of evidence ... Grant of bail pending trial - sufficiency of evidence for alleged conspiracy and supply of illegal arms - custodial period and delay in trial as ground for bail - High Court exercise of jurisdiction in bail applications - HELD THAT:- Looking to the fact that the accused-petitioners are in custody since long and charge-sheet has already been produced before the concerned Court, trial of the case may take considerable time, without commenting anything on the merits of the case, I deem it just and proper to enlarge the accused-petitioners on bail. Accordingly, the bail applications under Section 483 B.N.S.S. is allowed. Issues: Whether the bail applications filed by the accused-petitioners in connection with FIR No.247/2024 (offences under the Arms Act and various sections of the IPC) should be allowed pending trial.Analysis: The Court examined the facts that the accused-petitioners have been in judicial custody since late June/early July 2024, that the charge-sheet has been produced, and that the trial/investigation may take considerable time. The Court noted the contentions of the petitioners that they were falsely implicated, the limited direct evidence linking them to the alleged conspiracy or supply of weapons, and specific evidentiary points including the sequence of disclosure statements. The Public Prosecutor opposed bail on the ground of an alleged conspiracy and, as to one petitioner, prior criminal cases. Balancing the custodial period, the stage of proceedings (charge-sheet filed), the possibility of protracted trial, and without expressing any view on the merits, the Court considered it just and proper to grant bail subject to conditions and sureties to secure attendance.Conclusion: The bail applications of the accused-petitioners are allowed and the accused-petitioners are enlarged on bail on furnishing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each and on compliance with the conditions imposed by the Court. The decision is in favour of the appellants (accused-petitioners).
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