Bail pending trial on stringent conditions granted where custody was prolonged, investigation continued, and trial was not imminent.

Prolonged custody, an ongoing investigation, a large witness list, and the absence of material antecedents justified release on bail pending trial, subject to strict conditions. The Court noted that the appellant had already remained in custody in connection with an earlier ECIR and had also been arrested in the present ECIR, while investigation in both the ECIR and the predicate offence was still continuing and cognizance had not yet been taken. As the trial was not likely to commence soon, continued detention was found unwarranted. Bail was granted on stringent safeguards, including surrender of passport, regular appearance before the Special Court, and cooperation for expeditious trial.

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Issues: Whether the appellant, in the facts of the case and in light of the prolonged custody, ongoing investigation, large number of witnesses, and absence of material antecedents, was entitled to be enlarged on bail pending trial on stringent conditions.

Analysis: The appellant had already remained in custody for a substantial period in connection with the earlier ECIR and had also been arrested in the present ECIR. The investigation was still in progress, multiple supplementary complaints had been filed, a large number of witnesses were cited, and cognizance had not yet been taken. In the predicate offence too, the investigation was ongoing and the trial was not likely to commence in the near future. Relying on the governing principle applied in the cited precedent, and noting the absence of antecedents apart from the predicate offence, the Court found that continued detention was not warranted, subject to strict safeguards.

Conclusion: The appellant was entitled to bail pending trial on appropriate stringent terms and conditions, including surrender of passport, regular attendance before the Special Court, and cooperation for expeditious trial.

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