Bail Granted Despite Previous Rejection on Merits Due to Prolonged Incarceration and Slow Trial Progress

The applicant filed a second bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita (BNSS), 2023, following the rejection of his first application on merits on 27.10.2025

The prosecution alleged that on 08.09.2023, the applicant committed house-trespass and theft of a mobile phone, ₹50,000 cash, and jewelry

While the co-accused was arrested earlier, the applicant remained absconding until his eventual arrest on 01.08.2025

The applicant contended that he was falsely implicated and that no prosecution witnesses had been examined since his incarceration

Whether the applicant is entitled to regular bail under Section 483 of the BNSS, 2023, considering the duration of custody and status of the trial, despite a prior rejection on merits.

Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (formerly Section 439 of the CrPC) regarding the High Court's power to grant bail

Sections 457 (lurking house-trespass or house-breaking by night), 380 (theft in dwelling house), 411 (dishonestly receiving stolen property), and 34 (common intention) of the Indian Penal Code

Section 269 of the Bharatiya Nyaya Sanhita (BNS)

Section 84 of the BNSS regarding proclamations for absconding persons

The Court evaluated the gravity of the allegations alongside the applicant's prolonged judicial custody since August 2025

Although the first bail application was rejected on merits, the Court noted a change in circumstances: the charge-sheet had been filed, yet no prosecution witnesses had been examined to date

The Court reasoned that since the trial was likely to take a "considerable time to conclude," continued incarceration without progress in evidence was unwarranted

To mitigate the risk of the applicant absconding again (given his prior history as an absconder), the Court imposed stringent conditions, including the submission of an undertaking against seeking adjournments and personal presence requirements under Section 351 of the BNSS

The Court allowed the second bail application and ordered the release of the applicant on bail upon furnishing a personal bond with two local sureties

The release is subject to specific conditions, including a mandate that the applicant must not seek adjournments during witness testimony and must appear for all critical stages of the trial, such as framing of charges and recording of statements