Regular bail in paper-leak allegations turned on custody period, incomplete trial, co-accused bail, and explained antecedents.

Regular bail was granted in a paper-leak and unfair-means allegation relating to the REET examination after considering the petitioner's substantial custody, filing of the charge-sheet, continuing investigation, and the fact that trial had not yet commenced despite numerous witnesses being listed. The Court also noted that co-accused had already obtained bail in several cases. The criminal antecedents relied on were explained as one withdrawn case and another ending in a closure report, with a protest petition still pending. Bail was made subject to conditions, including bail bonds, passport deposit if any, attendance before the trial court, cooperation in trial, non-interference with witnesses, and retention of attached immovable property.

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Issues: Whether the petitioner was entitled to regular bail in view of the alleged paper-leak offence, the period of custody already undergone, the stage of trial, and the criminal antecedents relied upon against him.

Analysis: The allegation concerned leakage of a question paper and use of unfair means in the REET examination. The petitioner had remained in custody for a substantial period, the investigation had resulted in filing of a charge-sheet with further investigation still continuing, and the trial had not commenced though a large number of witnesses were to be examined. Co-accused had already been granted bail in several cases. The antecedents noted by the High Court were explained as one case having been withdrawn and the other ending in a closure report, though the protest petition was pending. Without entering into the merits, these factors were treated as sufficient to consider release on bail.

Conclusion: Regular bail was granted to the petitioner subject to furnishing bail bonds and complying with the specified conditions, including deposit of passport if any, attendance before the trial court, cooperation in the trial, non-interference with witnesses, and retention of attached immovable property.

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