Bail Granted Despite Criminal Antecedents Where Charge-Sheet Is Filed and Trial Is Lengthy

The applicant, Raza Khan, was arrested on November 4, 2025, following a report by complainant Krishna Bawankar alleging that the applicant demanded money for alcohol at Budheshwar Talab Garden, used filthy language, and assaulted him when he refused

The applicant was charged under Sections 119(1) and 296 of the Bharatiya Nyaya Sanhita (BNS), 2023

The applicant moved this First Bail Application, contending he was falsely implicated and noting that a charge-sheet had already been filed

The State opposed the bail, citing five previous criminal antecedents involving the IPC and the Arms Act

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, considering his criminal history and the nature of the alleged offense

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the High Court's power to grant bail

Procedural conditions for the conduct of the trial were governed by Section 269 of the BNS regarding non-attendance, and Sections 84, 209, and 351 of the BNSS regarding proclamations for absconding persons, punishment for non-appearance, and recording of statements, respectively

The Court balanced the gravity of the allegations against the procedural status of the case. It noted that while the applicant had five criminal antecedents, explanation for these was provided via a covering memo, and he had already secured an acquittal in one of those cases

The Court observed that the charge-sheet had already been filed, and the applicant had been in judicial custody since November 4, 2025

Given that the trial was expected to take a considerable amount of time, the Court reasoned that further incarceration was not necessitated, provided that strict conditions were imposed to ensure the applicant’s presence and prevent the abuse of liberty

The holding is subject to specific conditions: the applicant must not seek unnecessary adjournments, must be present at every hearing, and must strictly adhere to procedural requirements under Sections 209, 269, and 351 of the BNSS/BNS, failing which the trial court may revoke the bail