Prolonged incarceration and examination of material witnesses justify bail despite previous rejection on merits.

The applicant sought a second regular bail application following the rejection of his first application on November 21, 2025

The prosecution alleged that on February 10, 2025, the complainant's Honda Shine motorcycle was stolen from Morchul Market

Following a report at Police Station Aundhi, the applicant was arrested on May 28, 2025, in connection with Crime No. 26/2025

The applicant contended that he was falsely implicated and highlighted that the charge-sheet had been filed and twelve witnesses, including the complainant, had already been examined

Whether the applicant is entitled to the grant of regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, considering the duration of custody and the progress of the trial

The Court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, regarding the High Court's power to grant bail

The substantive charges were governed by the Bharatiya Nyaya Sanhita (BNS), 2023, specifically Section 303(2) (punishment for theft), Section 318(4) (cheating), Section 338 (forgery of valuable security/will), and Section 336(3) (forgery for purpose of cheating)

The Court also considered the procedural implications of Section 269 (non-attendance in obedience to an order from public servant) and Section 209 (failure to appear in court) of the BNS, as well as Sections 84 (proclamation for person absconding) and 351 (evidence to be taken in presence of accused) of the B.N.S.S.

The Court evaluated the nature of the allegations and noted that while the applicant's initial bail was rejected on merits, subsequent developments provided fresh grounds for consideration

Specifically, the Court observed that the applicant had been in judicial custody since May 28, 2025, and that the prosecution had already examined twelve witnesses

The Court reasoned that since the charge-sheet was filed and the trial's conclusion was expected to take more time, further incarceration was not warranted

The Court determined that the change in the trial's status outweighed the initial reasons for rejection

The holding was conditioned upon the applicant not seeking adjournments during witness testimony, appearing at all trial dates, and strictly adhering to procedural requirements under the BNS and B.N.S.S.

The Court directed that any abuse of bail liberty or failure to appear would result in proceedings under Section 209 or Section 269 of the BNS