Bail granted considering parity with co-accused, continued custody, and likely trial delay.

The prosecution alleged that, late on 4 April 2026, the prosecutrix was forcibly taken into a shop and sexually assaulted by the applicant and other accused persons.

The applicant was arrested on 5 April 2026 and charged under Sections 70(1) and 115(2) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

Seeking regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), he relied on the prosecutrix’s evidence at trial, the filing of the charge-sheet, the likely duration of the trial, his lack of criminal antecedents, and the grant of bail to three co-accused.

The State opposed bail, citing the applicant’s alleged direct involvement, but confirmed that he had no criminal antecedents and that the co-accused had been granted bail.

1. Whether the applicant should be released on regular bail under Section 483 BNSS, having regard to the circumstances of the case and the bail granted to co-accused.

Section 483 BNSS provides the basis for the application for regular bail.

In deciding the application, the Court considered the applicant’s period in custody, completion of the investigation and filing of the charge-sheet, the anticipated time for trial, the position of the co-accused, and the applicant’s lack of criminal antecedents.

The alleged offences were under Sections 70(1) and 115(2) BNS.

The Court imposed conditions requiring attendance and non-interference with the trial, including references to Section 269 BNS, Section 84 BNSS, and Section 209 BNS.

The Court found that the applicant had been in custody since 5 April 2026, the charge-sheet had been filed, and the trial might take considerable time to conclude.

It also took account of the fact that three co-accused had been granted bail and that the applicant had no criminal antecedents.

On those considerations, and without expressing any view on the merits of the case, the Court concluded that bail was warranted.

A certified copy was directed to be sent to the trial court for information and compliance.