Bail granted for magistrate-triable BNS offence upon completion of investigation and absence of prior convictions.

The applicant, Vijay, was arrested on October 17, 2025, in connection with Crime No. 229 of 2025 registered at Police Station Jiwajiganj, Ujjain, for the offence of cheating.

It is alleged that the applicant and a co-accused fraudulently induced the complainant to hand over her jewelry (Mangal Sutra and ear tops) and mobile phone in exchange for a packet of currency notes which, upon inspection, contained only one Rs. 50 note and plain paper.

The applicant was identified by the complainant during a Test Identification Parade (TIP).

Following the completion of the investigation, a final report was submitted, and the matter is currently pending trial.

1. Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, pending trial.

2. Whether the applicant’s criminal antecedent and the gravity of the offence necessitate continued incarceration.

The court exercised its discretionary power to grant bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.

The substantive offence was registered under Section 318(4) of the Bharatiya Nyaya Sanhita (BNS), 2023, which pertains to cheating and dishonestly inducing delivery of property.

The court applied the principle that bail should be considered in light of the accused's socio-economic status, family responsibilities, and the likelihood of recidivism or tampering with evidence.

the court referenced Section 346 of the BNSS regarding the timely examination of witnesses during trial.

The court noted that the investigation was complete and the final report had been filed, reducing the risk of the applicant tampering with evidence.

Although the State opposed bail citing one criminal antecedent, the court observed that the applicant—a 30-year-old laborer—had no history of previous convictions for major offences.

The court reasoned that because the offence is triable by a Judicial Magistrate First Class (JMFC) and the applicant has family responsibilities, there was no substantial risk of him fleeing from justice or committing further offences.

It held that the veracity of the allegations and the applicant’s complicity are matters to be determined during the trial, and continued incarceration was not justified under the present circumstances.

The court ordered the applicant’s release on a personal bond of Rs. 75,000 with one surety of the same amount subject to several conditions, including that the applicant must: (1) attend all court hearings; (2) refrain from committing similar offences; (3) not influence or threaten witnesses; and (4) comply with trial procedures for witness examination.

The court further directed that any breach of these conditions could lead to the cancellation of bail.