Grant of bail where trial is delayed due to persistent non-appearance of the complainant.

The applicant, Jitendra Sidar, was arrested on June 22, 2025, in connection with Crime No. 294/2025 at Police Station Sarangarh for allegedly assaulting the complainant's brother with a sharp knife

The incident occurred during a quarrel at a Government Fair Price Shop where the applicant worked.

The victim sustained a serious incised wound to the neck, categorized as a grievous injury

The applicant filed this first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, contending that the trial was delayed because the complainant (the victim's brother) was failing to appear before the court despite the charge sheet being filed

Whether the applicant is entitled to regular bail under Section 483 of the BNSS considering his period of incarceration, the filing of the charge sheet, and the conduct of the complainant during trial.

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

It also referenced Section 109(1) of the Bharatiya Nyaya Sanhita (BNS) regarding attempt to murder

Procedural compliance during bail was linked to Section 269 of the BNS (non-attendance in obedience to an order from public servant), Section 84 of the BNSS (proclamation for person absconding), Section 209 of the BNS (failure to appear in court), and Section 351 of the BNSS (record of evidence)

The Court observed that while the allegations involved a "grievous" injury caused by a sharp weapon, several factors weighed in favor of the applicant.

Specifically, the Court noted that the applicant had been in custody since June 22, 2025

A critical factor in the Court's reasoning was the trial court's order sheets, which revealed that the trial was "held up" because the complainant—the victim's own brother—was not appearing to testify

Since the charge sheet had already been filed and the trial was expected to take considerable time to conclude, the Court determined that continued detention was not warranted

The holding was conditioned upon the applicant not seeking unnecessary adjournments, appearing at all critical stages of the trial (framing of charges, recording of statements), and complying with various sections of the BNS and BNSS regarding court attendance

Furthermore, the Court directed the trial court to make an earnest endeavor to conclude the trial expeditiously, preferably within six months