Prima facie bail relief granted where changed prosecution versions, witness retractions and prolonged incarceration justified release.

In a bail matter, the SC found that substantial variations between successive charge-sheets, witness retractions, allegations of coercive collection of material, and doubts over recovery evidence created a fresh prima facie case for release. The Court reiterated that bail-stage scrutiny does not require detailed examination of evidence, but must balance personal liberty against the needs of investigation. It also took into account the appellant's prolonged incarceration and the likelihood that trial would take considerable time. On that basis, the High Court's refusal of bail was set aside and bail was granted on conditions.

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Issues: Whether the appellant made out a prima facie case for grant of bail in view of the supplementary charge-sheet, contradictions between the investigating agencies' versions, witness retractions, and the prolonged period of incarceration.

Analysis: The material placed before the Court showed substantial variations between the charge-sheets filed by the earlier investigating agency and the National Investigation Agency. The Court noted that the appellant relied on the changed prosecution stance, the retraction of witnesses, and the claim that certain material had been collected under coercion. It also considered the allegation that the appellant, being an Army intelligence officer, had attended meetings in the course of duty, the doubts raised about the recovery of RDX, and the fact that trial was likely to take considerable time. The Court further held that, at the stage of bail, it was not necessary to conduct a detailed examination of evidence, but the existence of fresh grounds and the need to balance personal liberty against the interests of investigation were relevant.

Conclusion: The appellant made out a prima facie case for release on bail and was entitled to be enlarged on bail.

Final Conclusion: The High Court's refusal of bail was set aside and the appellant was granted bail on specified conditions.

Ratio Decidendi: In a serious criminal case, bail may be granted where fresh material or a materially different prosecutorial version creates a prima facie case in favour of release, particularly when the accused has undergone prolonged incarceration and the case does not call for a detailed merits adjudication at the bail stage.

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