Delayed witness statements, evidentiary doubts, and prolonged custody warranted bail in a murder case.

The petitioners, Accused Nos. 1 and 2, sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in a case alleging murder under Section 103(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (BNS).

The prosecution alleged that, following a quarrel, Accused No. 2 restrained the deceased while Accused No. 1 stabbed him with a knife.

The first informant was a hearsay witness; the alleged eyewitness statements were recorded after delays of 40 or 48 days, and the FIR was registered hours after the incident.

After the charge sheet was filed and the Trial Court rejected their bail applications, the petitioners applied to the High Court. They had been in custody for nearly eight months, had no criminal antecedents, and the trial had not commenced.

The petitions were brought under Section 483 of the BNSS, 2023, which provides for the High Court’s power to grant bail.

The alleged offences were punishable under Section 103(1) read with Section 3(5) of the BNS, 2023.

The Court applied its discretion to determine whether regular bail was warranted in light of the case circumstances, including the nature and timing of the evidence, length of custody, criminal antecedents, and progress of the trial.

No precedent was cited in the order.

The Court considered the prosecution’s allegation that the petitioners jointly caused the deceased’s death, but noted that the first informant was not an eyewitness and that the alleged eyewitness accounts raised concerns: the FIR was registered at about 7:30 p.m. despite CW.4’s statement that he had promptly contacted the police, while statements of other alleged eyewitnesses were recorded 40 or 48 days after the incident.

These matters, considered alongside the petitioners’ nearly eight months in custody, lack of criminal antecedents, and the fact that the trial had yet to commence, led the Court to find that bail was appropriate, subject to conditions.

Each petitioner must execute a personal bond of ₹1,00,000 with two sureties for the like sum, attend hearings unless exempted, refrain from threatening or tampering with prosecution witnesses and from committing similar offences, and not leave the Trial Court’s jurisdiction without permission until disposal of the case.