Committing a similar offence after release on bail constitutes breach warranting bail cancellation under Section 483(3) BNSS.

The applications were filed under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”) seeking cancellation of bail granted to respondent-accused Akbar Hussain by order dated 31 January 2025 in M.Cr.C. No. 1431 of 2025, arising from Crime No. 621/2024 registered at Police Station Manak Chowk, District Ratlam, for offences under Sections 296, 115(2), 315(2), 3(5) and 109(1) of the IPC.

The State contended that, only three days after his release on bail, the accused allegedly committed a similar offence on 3 February 2025 in Crime No. 56/2025 under Sections 296 and 351(2) of the BNS, in breach of the bail condition prohibiting commission of a similar offence. The State also relied on six other criminal antecedents.

The accused denied committing the subsequent offence and asserted that no bail condition had been violated.

Whether the accused’s alleged commission of a similar offence after being released on bail constituted a breach of the conditions imposed in the bail order dated 31 January 2025?

Whether the High Court should exercise its power under Section 483(3) of the BNSS to cancel the bail and direct the accused’s arrest and detention?

Section 483(3) of the BNSS empowers the High Court or Court of Session to direct that a person released on bail be arrested and committed to custody.

Under Section 482(2)(iv) of the BNSS, conditions may be imposed as contemplated by Section 480(3) of the BNSS. Section 480(3) includes the condition that the accused shall not commit an offence similar to the offence of which he is accused or suspected.

The Court applied these provisions to hold that commission of a similar offence after release on bail amounts to breach of a specifically imposed bail condition and may justify cancellation of bail.

The bail order dated 31 January 2025 expressly required the accused to comply with the conditions contemplated under Section 482(2) of the BNSS, including conditions referable to Section 480(3).

The Court found from the record that, after obtaining bail, the accused was implicated in Crime No. 56/2025 for offences under Sections 296 and 351(2) of the BNS on 3 February 2025, which the Court treated as a similar offence.

The accused offered no explanation for the alleged subsequent offence. Accordingly, the Court concluded that there was a categorical breach of the bail condition and that the circumstances warranted exercise of the statutory power under Section 483(3) of the BNSS.

It cancelled the bail granted to Akbar Hussain by order dated 31 January 2025 in M.Cr.C. No. 1431 of 2025, directed that he be arrested and kept in custody, and disposed of both connected miscellaneous criminal cases.