Regular bail granted on medical necessity and weak recovery material where allegations remained untested at trial.

Regular bail under Section 439 CrPC was considered on the basis of the applicant's medical condition, the nature of the allegations, and the surrounding record. Medical material showed multiple ailments requiring constant supervision and treatment, the earlier ECIR had been quashed, the present FIR arose from the same facts, and no seizure of duplicate hologram was shown. As the prosecution case was still to be tested at trial and co-accused had already received protection, the applicant was found entitled to regular bail.

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Issues: Whether the applicant was entitled to regular bail under Section 439 of the Code of Criminal Procedure, 1973, having regard to the medical condition, the nature of the allegations, and the surrounding circumstances.

Analysis: The applicant placed medical material showing multiple ailments requiring constant supervision and treatment. The Court also noted that the earlier ECIR had been quashed, that the present FIR arose from the same set of facts, that no seizure of duplicate hologram had been shown, and that the prosecution allegations were still to be tested in trial. In these circumstances, and considering the protection already granted to some co-accused, the Court found it appropriate to enlarge the applicant on bail.

Conclusion: The applicant was held entitled to regular bail.

Ratio Decidendi: Regular bail may be granted where the accused demonstrates a substantial medical need for treatment and the prosecution case remains untested, particularly when the record does not disclose strong supporting recovery material.

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