Manageable investigative risks do not justify continued pretrial custody when bail conditions can address them.

The petitioner, a 21-year-old student, sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”), in Crime No. 127/2026, registered under Sections 69 and 352 of the Bharatiya Nyaya Sanhita, 2023 (“BNS”).

The prosecution alleged that he induced the complainant, a widow, to have sexual relations by promising to marry her, took her to lodges in several places, and obtained ₹5 lakh from her; he later refused to marry her.

The State opposed bail, citing the early stage of the investigation and the risk of witness tampering.

The petitioner had been in judicial custody for more than one month

Whether the petitioner should be enlarged on bail under Section 483 of the BNSS despite the State’s objections concerning the ongoing investigation and potential witness tampering

Whether appropriate bail conditions could adequately address the State’s concerns and protect the investigation and trial

The Court considered Section 483 of the BNSS, which empowers the High Court to grant bail, and the alleged offences under Sections 69 and 352 of the BNS.

It applied the principles that “bail is the rule and jail is an exception,” and that pre-trial detention should not operate as punishment for the alleged offence.

The Court also reasoned that the alleged offence was not punishable with death or imprisonment for life and that risks to the investigation could be addressed through suitable bail conditions

The Court accepted, for purposes of the bail application, that a prima facie case might exist, but noted that the alleged offence carried a maximum sentence of ten years rather than death or life imprisonment

It also considered the petitioner’s age, student status, permanent residence within the jurisdiction, absence of material showing prior offences, and custody exceeding one month.

Although the State raised concerns about the investigation and witness interference, the Court found that these could be addressed by requiring the petitioner to cooperate with the Investigating Officer, attend court, and refrain from tampering with witnesses or committing further offences

The Court imposed conditions requiring cooperation with the investigation, attendance before the Magistrate and trial court when directed, non-interference with witnesses or the investigation, and commission of no further offences.

Breach of any condition would result in cancellation of bail