Grant of bail in alleged offences where charges not framed; release ordered subject to stringent conditions

Grant of bail was allowed where the accused had been detained for over a year without framing of charges; the court relied on the prolonged pretrial detention to justify release. The prosecution's concern about tampering with evidence and influencing witnesses was held remediable by imposing stringent bail conditions, and parity was noted as seven co-accused were already on bail. The court disposed of the special leave petition by granting bail subject to appropriate restrictive conditions designed to prevent interference with the investigation and protect witness integrity.

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Issues: Whether the petitioner should be released on bail in CBI Case No.RC0172022A0009 of 2022 (Original FIR No.229 of 2022).

Analysis: The Court noted that the petitioner has been in custody for over one year and charges have not been framed. A majority of co-accused (7 out of 10) have already been released on bail. The prosecution's apprehension about tampering with evidence and influencing witnesses was acknowledged but held to be manageable by imposing stringent conditions. Taking these factors together, the Court exercised its discretion to grant bail while prescribing specific conditions including personal bonds with sureties, regular reporting to the investigating officer, prohibition on influencing witnesses or tampering with evidence, and allowance for any additional conditions by the trial court.

Conclusion: Bail granted to the petitioner in the specified CBI case subject to conditions: personal bond of Rs.50,000 with one or more sureties of the like amount, reporting to the Investigating Officer every Monday at 11:00 a.m., prohibition on influencing witnesses or tampering with evidence, and compliance with any additional conditions that the trial court may impose.

Ratio Decidendi: Where an accused has been in pre-trial custody for an extended period and charges are not framed, and where risks of tampering can be addressed by imposing specific stringent conditions, bail may be granted subject to appropriate conditions.

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