Prolonged custody and an unlikely near-term trial justify bail where the applicant inflicted no injury.

The applicant sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in FIR No. 0126/2025, registered under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The prosecution alleged that, after the complainant followed a co-accused to his residence, the applicant came to the spot and instigated the accused persons to assault him.

The applicant was arrested on 16 July 2025, and the charge-sheet was filed in October 2025.

Charges had been framed, but none of the 29 prosecution witnesses had been examined; the applicant had remained in custody since 16 July 2025.

Whether the applicant should be released on regular bail given the allegations, her role as described in the record, and the status of the trial.

If bail is granted, what conditions should govern the applicant’s release?

Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 of the Code of Criminal Procedure, 1973, empowers the High Court to grant regular bail.

The Court considered the circumstances relevant to bail, including the applicant’s alleged role, the stage and likely duration of the trial, and the period of custody.

The alleged offences were registered under Sections 109(1) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The Court noted that the applicant was visible in the CCTV footage but, according to the State’s status report, had not herself inflicted any injury.

It also considered that none of the 29 prosecution witnesses had been examined and that the trial was unlikely to conclude in the near future.

In light of these circumstances, the Court found it appropriate to grant bail, subject to conditions intended to secure the applicant’s attendance and prevent interference with the proceedings.

The Court clarified that its observations were confined to the bail application and would not affect the trial.