Bail granted where material eyewitnesses turn hostile and continued incarceration risks a student's career.

The applicant filed a second bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, concerning Crime No. 249/2025 registered at PS Patan, Jabalpur.

The prosecution alleged that on May 29, 2025, following a dispute at a marriage ceremony, the applicant and other co-accused intercepted the complainant’s family and assaulted them with wooden sticks, resulting in the death of a woman named Preeti.

The applicant has been in judicial custody since June 12, 2025.

The applicant contended that material witnesses (PW-1 to PW-6), including injured eyewitnesses, have been examined and did not support the prosecution’s case.

1. Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering the hostility of material witnesses and his duration of incarceration.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (analogous to Section 439 of the CrPC) regarding the High Court's power to grant bail.

Established judicial principles for bail: the gravity of the offence, the risk of the accused fleeing from justice, the likelihood of recidivism, the possibility of tampering with evidence, and the stage of the trial.

Substantive offenses under BNS: Sections 296, 115(5), 118(1), 351(3), 103(1), 109(1), 191(2), 191(3), and 190.

The Court observed that while the State opposed bail due to the gravity of the offense, the applicant had no prior criminal antecedents.

Critically, the Court noted that the material prosecution witnesses (injured eyewitnesses) had already been examined and, according to the defense, failed to support the prosecution.

At 20 years of age, the applicant is a student, and the Court found that continued incarceration would cause undue hardship to his career, especially since 21 out of 27 witnesses remain to be examined, ensuring the trial will take considerable time.

The Court reasoned that given the applicant's socio-economic status and clean record, there was no immediate risk of him fleeing or tampering with the remaining evidence.

The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 75,000/- with one surety of the same amount, subject to standard conditions including regular appearance and prohibition against tampering with evidence.