The right to bail for gathering defence evidence is crucial to ensuring a fair trial under Article 21, particularly after prosecution evidence is concluded or nearing conclusion.

JUDGMENT :

AJAY BHANOT, J.

1. The judgment is being structured in the following conceptual framework to facilitate the discussion:

I. Introduction:

2. In this bail application and all companion bail applications prosecution evidence is near conclusion or has closed. Proceedings under Section 313 Cr.P.C. will be shortly set in motion, and thereafter defence evidence will be received. These are second bail applications. In all bail applications the primary ground for grant of bail is to conduct effective defence of the case.

II. Issue arising for consideration:

3. The issue that has arisen for consideration in this bail application and the connected bail applications is whether gathering of defence evidence, preparation of defence strategy and effectively prosecuting the defence case in a trial can be a ground for granting bail? If the answer is in the affirmative, what are the parameters on which the bail can be granted for framing a defence strategy, collecting defence evidence and conduct of defence and at what stage?

4. Heard Shri N.I. Jafri, learned Senior Counsel assisted by Shri Sadrul Islam Jafri, learned counsel, Shri Dharmendra Singhal, learned Senior Counsel assisted by Shri Shivendra Singhal, learned counsel, Shri Rajiv Lochan Shukla, learned counsel, Shri Sheshadri Trivedi, learned counsel, Shri Vikrant Rana, learned counsel, Shri Madhu Ranjan Pandey, learned counsel, Shri Irshad Ahmad, learned counsel, Shri Aishwarya Pratap Singh, learned counsel assisted by Shri Amiruddin Siddique, learned counsel, Shri Tripurari Pal, learned counsel, Shri M.P. Srivastava, learned counsel, Shri Shailesh Pandey, learned counsel, Shri Mohit Kumar Jaiswal, learned counsel, Shri Shashi Kumar Mishra, learned counsel, Shri Nasiruzzaman, learned counsel, Shri Gireesh Chandra Sharma, learned counsel, Shri Yadvendra Dwivedi, learned counsel, Shri Rahul Saxena, learned counsel, Shri Bharat Singh, learned counsel, Shri Sandeep Pandey, learned counsel, Shri Narendra Singh, learned counsel, Shri Azhar Hussain, learned counsel, Shri Jitendra Singh, learned counsel, Shri Saket Jaiswal, learned counsel and Shri Samrat Vikram Singh, learned counsel for the applicants.

Shri Rajiv Lochan Shukla, learned counsel for the applicant (as Hon’ble Rajiv Lochan Shukla, J. then was) has since been elevated to the Bench of this Court.

4.1. Shri Ashok Mehta, learned Additional Advocate General assisted by Shri Paritosh Kumar Malviya, learned A.G.A.-I and Shri Chandan Agrawal, learned A.G.A.-I for the State.

III. Submissions of learned counsels for the parties:

5. The hearings on the common legal issue arising in all the companion bail applications happened on various dates. Learned counsels for the applicants in all matters have made the following submissions on the common legal issue that has arisen for consideration:

I. The right of bail is sourced to statute, however, it has deep roots in Ar