Bail granted where victim fails to identify accused and no Test Identification Parade was conducted.

The applicant, Shahrukh Shah, filed his first application for regular bail following his arrest on November 15, 2025, in connection with Crime No. 327/2025.

The prosecution alleged that the main accused, Sharif Shah, abducted a 19-year-old victim and assaulted her.

The applicant was accused of assisting Sharif Shah in the abduction.

During the trial, the victim (PW-1) was examined but failed to identify the applicant.

Furthermore, no Test Identification Parade (TIP) was conducted during the investigation.

The applicant is an 18-year-old labourer with no prior criminal record.

Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the victim's failure to identify him and the absence of criminal antecedents.

The Court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which governs the power of the High Court or Court of Session to grant bail.

The Court considered the gravity of offences under Sections 87, 115(2), 351(3), 127(3), and 238(b) of the Bharatiya Nyaya Sanhita (BNS), 2023.

It further relied on the principle of parity, noting that co-accused Amjad had been granted bail previously.

Legal considerations included the socio-economic status of the accused, the likelihood of recidivism, and the potential for tampering with evidence.

The Court observed that the primary allegations of abduction and assault were directed at the main accused, Sharif Shah, whereas the applicant's role was limited to assistance.

Critically, the Court noted that the victim (PW-1) did not identify the applicant during her testimony and that the investigation lacked a Test Identification Parade, weakening the complicity evidence.

The Court reasoned that since the material witness (the victim) had already been examined, the risk of the applicant tampering with evidence was minimal.

Given the applicant's young age, his status as a labourer, and his clean criminal record, the Court found no evidence of a flight risk or a tendency toward recidivism.

The Court also acknowledged that trial conclusion would take significant time.

The Court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 50,000/- with one surety of the same amount, subject to conditions including regular court attendance and a prohibition against tampering with evidence or committing further offences.