HIV-Positive Status and Prolonged Incarceration Warrant Regular Bail Despite Earlier Rejection on Merits

The applicant, Ali Hasan, was arrested on 18.04.2025 in connection with Crime No. 125/2025 for allegedly assaulting a woman (Ameena Begam) with a stick, causing grievous injuries to her nose and eye.

The first bail application was dismissed on merits on 08.08.2025 due to the brutal nature of the assault.

This second bail application was filed under Section 483 of the BNSS, 2023, citing a change in circumstances: the applicant tested HIV-positive during a jail screening camp and began antiretroviral therapy (ART).

Procedurally, 7 out of 15 prosecution witnesses have been examined.

Whether the subsequent discovery of a life-threatening medical condition (HIV-positive status) and the duration of incarceration constitute sufficient grounds for the grant of regular bail following a previous rejection on merits.

Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, governing the High Court's power to grant regular bail.

Bharatiya Nyaya Sanhita (BNS), 2023, specifically Sections 296(b) (obscenity), 351(3) (criminal intimidation), 115(2) (voluntarily causing hurt), and 109 (attempt to murder/abetment).

The discretionary principle that a significant change in circumstances, such as health status and prolonged incarceration without completion of trial, can override the previous rejection of bail on merits.

The Court weighed the gravity of the offense—noting the "brutal assault" and "grievous" facial injuries cited in the first rejection—against the new medical evidence.

The Court observed that the applicant has been in judicial custody since April 2025 (over a year) and is currently suffering from a serious medical condition (HIV) requiring specialized ART treatment.

While the State opposed bail based on criminal antecedents and the severity of the victim's injuries, the Court found that the progress of the trial (7 of 15 witnesses examined) and the applicant's health status necessitated a shift in the balance of interests.

It determined that further incarceration was not warranted at this stage, provided strict conditions were met to ensure trial attendance.

The applicant was ordered to be released on a personal bond with two sureties, subject to conditions: he must not seek adjournments, must attend every hearing under Section 269 of the BNS, and must appear for specific trial milestones (framing of charges and statement under Section 351 BNSS).

Default in these conditions grants the trial court liberty to revoke the bail.