After charge-sheet filing, bail may be granted absent special grounds justifying continued pretrial detention.

The petitioner, the sole accused, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in Crime No. 158/2026, registered for offences under Sections 79, 64(1), 329(1), 351(2) and 352 of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The complainant alleged that the petitioner had previously harassed her and, on 12 February 2026, forcibly sexually assaulted and threatened her.

The investigation was complete and the charge sheet had been filed.

The petitioner had been in custody since 7 May 2026.

Whether the petitioner should be granted regular bail under Section 483 BNSS after completion of the investigation and filing of the charge sheet.

Whether the prosecution’s concerns about witness tampering and interference with the trial justified continued detention, or could be addressed by bail conditions.

Section 483 BNSS provides the basis for the High Court’s power to grant bail.

The Court also applied the general principle that “bail is the rule and jail is an exception,” and that pre-trial custody is not to operate as punishment.

It considered whether detention remained necessary after completion of the investigation, the accused’s antecedents, the period already spent in custody, and whether risks to witnesses or the trial could be managed through conditions.

The Court cited no precedent.

The Court treated the allegations and the petitioner’s denial as matters not to be finally determined at the bail stage; it likewise left the reported delay in filing the complaint and inconsistencies about the place of the incident for consideration at trial.

It noted that the investigation was complete, the charge sheet had been filed, no antecedents were shown, and the petitioner had spent more than four and a half months in custody.

It found no special ground requiring continued detention and held that the prosecution’s concerns could be addressed by conditions requiring the petitioner to attend proceedings, cooperate, and refrain from tampering with witnesses or committing further offences.

The complainant/victim was given liberty to seek cancellation of bail if any condition was breached.