Grant of bail permitted upon second application where protracted trial and clean antecedents outweigh previous merits-based rejection.

The applicant, Krishna Maitry, was arrested on 01/10/2024 in connection with Crime No. 261/2024 at Police Station Dabhra for allegedly assaulting one Lokeshwar Maitry

The victim was found unconscious on 06/07/2024 and later alleged that unknown persons used filthy language, threatened him, and caused grievous injuries

This is the applicant’s second bail application; the first was rejected on merits on 05/12/2024

The applicant sought bail citing prolonged incarceration since 01/10/2024 and the slow progress of the trial, where only 10 out of 25 prosecution witnesses have been examined

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, considering the stage of the trial and period of custody.

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

It also referenced the penal provisions under Sections 296 (Obscene acts), 351(2) (Criminal intimidation), 115(2) (Voluntarily causing hurt), 117(2) (Voluntarily causing grievous hurt), and 109(1) (Punishment of abetment) of the Bharatiya Nyaya Sanhita (BNS)

The court considered the absence of criminal antecedents and the principle of avoiding indefinite pre-trial detention when a trial is unlikely to conclude soon

The court evaluated the applicant's request by balancing the nature of the allegations against the procedural status of the case.

While the first bail application was rejected on merits, the court noted a material change in circumstances: the applicant has remained in jail since 01/10/2024, and the trial progress is slow, with fifteen witnesses still remaining for examination

The State confirmed that while a charge sheet was filed, the applicant has no prior criminal history

Applying judicial discretion, the court reasoned that since the trial would take considerable time to conclude and the applicant's record was clean, further detention was not warranted, provided strict conditions were imposed to ensure his presence at trial

The holding is contingent upon strict conditions, including: (i) an undertaking not to seek adjournments during witness presence; (ii) mandatory presence on all trial dates under penalty of Section 269 BNS; (iii) proceedings under Section 209 BNS for misuse of liberty; and (iv) mandatory personal appearance for framing of charges and recording of statements under Section 351 BNSS