Grant of bail based on prolonged incarceration and hostile testimony of the key prosecution witness.

The applicant, Dwarika Sahu, filed a third bail application under Section 483 of the BNSS, 2023.

He was arrested on 24.06.2025 in connection with Crime No. 645/2025 for allegedly misusing the personal documents of the complainant, Karim Mohammad, to fraudulently obtain and use an Airtel SIM card for wrongful financial gain.

Two previous bail applications (MCRC Nos. 7785/2025 and 6798/2025) were rejected on merits with directions for an expedited trial.

The applicant sought bail on the grounds of prolonged incarceration, the filing of the charge-sheet, and the fact that the only prosecution witness examined thus far turned hostile.

Whether the applicant is entitled to regular bail considering the change in circumstances, specifically the hostility of a key witness and the duration of custody despite prior rejections on merit.

The court applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the High Court's power to grant bail.

The substantive charges were under Sections 318(4) (Cheating) and 3(5) (Common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023, and Section 66(C) of the Information Technology Act (Punishment for identity theft).

The court also referenced Section 269 of the BNS (Non-attendance in obedience to an order from public servant) and Section 84 of the BNSS (Proclamation for person absconding) as trial conditions.

The court balanced the gravity of the allegations against the procedural progress of the trial.

Although previous applications were rejected on merits, the court noted significant changes: the applicant has been in jail since June 2024, the investigation is complete with the charge-sheet filed, and out of three prosecution witnesses, the only one examined did not support the prosecution's case and was declared hostile.

Furthermore, while the applicant has one previous criminal antecedent, he has already been granted bail in that matter.

Given the slow pace of the trial (one witness in several months) and the nature of the evidence recorded, the court determined that further detention was not warranted.

The bail is subject to strict conditions, including a prohibition on seeking adjournments when witnesses are present and a mandate to appear at all critical stages of the trial.

The trial court was directed to conclude the proceedings within four months.