Regular bail in corruption cases may be granted when custody is limited and further detention is not justified before trial.

Regular bail in a corruption prosecution under the Bharatiya Nagarik Suraksha Sanhita, 2023 was granted after the court considered the alleged illegal gratification, the recorded conversation relied on by the prosecution, the prima facie material linking the accused to the allegation, and the custody already undergone. The court applied the principle that pre-trial incarceration should not become a substitute for punishment after conviction, and found further detention unjustified at that stage. Bail was therefore allowed subject to furnishing bonds and compliance with the imposed conditions.

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Issues: Whether the petitioner was entitled to regular bail in a corruption case under the Bharatiya Nagarik Suraksha Sanhita, 2023.

Analysis: The petition was examined on the basis of the alleged demand of illegal gratification, the recorded conversation relied upon by the prosecution, the prima facie material connecting the petitioner with the accusation, and the length of custody already undergone. The order proceeds on the principle that pre-trial incarceration should not become a substitute for post-conviction punishment, and that continued custody was not justified at that stage in view of the custody already undergone and the nature of the allegations.

Conclusion: Bail was granted to the petitioner, subject to furnishing bonds and compliance with the imposed conditions.

Ratio Decidendi: Where prima facie material exists but the accused has undergone limited custody and further detention is not justified, regular bail may be granted because pre-trial incarceration should not operate as punishment before conviction.

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