Bail granted under Section 483 BNSS absent flight risk or likelihood of tampering with evidence.

The complainant alleged that on March 5, 2026, he visited the flat of one Rita Arya in Gwalior

Upon his arrival, Rita Arya allegedly stripped, shouted for the applicant (Nidhi Arya) and two others, who then entered the room and threatened to falsely implicate the complainant in a rape case or kill him unless he surrendered his valuables

Under duress, the complainant handed over a gold chain, a bracelet, and three rings

Consequently, an FIR (Crime No. 61/2026) was registered at Police Station Padav under Sections 308(5), 308(6), and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

The applicant was arrested on March 6, 2026, and sought regular bail, contending false implication and a violation of her fundamental right to liberty under Article 21 of the Constitution

Whether the applicant is entitled to the grant of bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), considering the nature of the allegations and the duration of judicial custody

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) regarding the power of the High Court to grant bail

fundamental right to life and personal liberty enshrined under Article 21 of the Constitution of India

substantive offences charged under Sections 308(5) (extortion by putting a person in fear of death or grievous hurt), 308(6), and 3(5) (joint liability) of the Bharatiya Nyaya Sanhita (BNS)

The Court evaluated the application by weighing the gravity of the allegations against the necessity of continued incarceration.

It noted that the applicant had been in judicial custody since March 6, 2026, and that the trial was unlikely to conclude in the near future

The Court observed that the material on record did not suggest a significant risk of the applicant fleeing from justice or absconding

since the applicant is a permanent resident of District Gwalior, the Court found a low likelihood of her tampering with prosecution evidence

without expressing an opinion on the merits of the case, the Court determined that the facts and circumstances warranted the extension of the benefit of bail to the applicant

The holding is subject to several conditions: the applicant must cooperate with the investigation/trial, must not influence witnesses or tamper with evidence, must not commit further offences during the pendency of the trial, and is prohibited from leaving India without prior judicial permission

Failure to comply with these conditions will result in the automatic cancellation of the bail order