Prolonged Detention and Slow Trial Progress Warrant Regular Bail Despite Criminal Antecedents

The applicant filed a second bail application under Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023.

The prosecution alleged that the applicant induced rural women to form groups and obtain bank loans under the guise of agricultural investments, subsequently withdrawing and retaining the total sum of Rs. 36,13,000/- without paying installments.

A First Information Report (Crime No. 612/2024) was registered at Police Station Balod for offenses under Sections 318(4), 61(2), and 3(5) of the Bhartiya Nyaya Sanhita (BNS).

The applicant's first bail application (MCRC No. 9275 of 2025) was rejected on November 18, 2025, due to his criminal antecedents.

The applicant has been in custody since March 13, 2025.

1. Whether the applicant is entitled to regular bail despite previous rejection, considering the status of the trial and his current legal standing in other pending cases.

Section 483 of the Bhartiya Nagarik Suraksha Sanhita (BNSS), 2023, regarding the grant of regular bail.

Sections 318(4) (cheating), 61(2) (criminal conspiracy), and 3(5) (common intention) of the Bhartiya Nyaya Sanhita (BNS), 2023.

Procedural requirements for bail conditions under Sections 84, 209, 269, and 351 of the BNSS to ensure the applicant’s presence during trial.

The Court noted that although the applicant has five criminal antecedents, he has already been granted bail by the trial court in four of those five cases.

The Court observed a significant delay in the trial process: out of 246 cited prosecution witnesses, only 13 have been examined so far.

Given that the applicant has been detained since March 13, 2025, and that the conclusion of the trial is likely to take a "considerable time," the Court determined that prolonged detention was no longer justified despite the initial rejection based on his past record.

The Court balanced the gravity of the accusations with the applicant's right to a timely trial and his success in obtaining bail in related matters.

The bail is subject to several conditions: the applicant must not seek adjournments when witnesses are present, must appear on every date fixed by the trial court, and must be present for the framing of charges and recording of statements under Section 351 of the BNSS.

Failure to comply allows the trial court to treat the default as an abuse of liberty.