Inordinate delay in lodging FIR and absence of criminal antecedents warrant grant of regular bail.

The applicant filed a first bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail for offences under Sections 420, 467, 468, and 471 of the Indian Penal Code.

The prosecution alleged that in April 2022, the applicant induced the complainant to pay a total of ₹9,50,000/- (partly in cash and partly via bank transfer) by falsely claiming he could secure Patwari posts for the complainant and his wife through contacts in the Raipur Ministry.

After the results were declared and the appointments were not secured, the applicant failed to return the money.

A written complaint was subsequently lodged on January 6, 2025.

The applicant has been in custody since August 12, 2025.

1. Whether the applicant is entitled to the grant of regular bail considering the procedural delays in the FIR and the status of the investigation.

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

It adhered to the established principle that inordinate and unexplained delay in lodging an FIR (First Information Report) can be a factor in favor of the accused during bail considerations.

Furthermore, the court considered the progress of the trial and the absence of prior criminal records as mitigating factors for pre-trial release.

The Court weighed the prosecution’s allegations of fraud and forgery against the procedural history of the case.

It noted that the alleged incident occurred on April 27, 2022, but the FIR was only lodged on January 6, 2025, representing a significant delay of nearly three years without a sufficient explanation.

The Court observed that the charge-sheet had already been filed by the State, and considering that the applicant had no prior criminal antecedents and had been incarcerated for over six months, further detention was unnecessary.

The Court concluded that since the trial would take time to conclude, the applicant met the threshold for release on bail subject to stringent conditions to ensure presence.

The Court ordered the release of Aslam Khan upon furnishing a personal bond with two sureties, subject to specific conditions including: strict attendance at trial dates, prohibition of seeking unnecessary adjournments, and compliance with Sections 269, 84, and 351 of the BNSS regarding personal appearances and consequences of default.