Prolonged Pre-trial Detention and Delayed Framing of Charges Warrant Bail Despite Absconding and Use of Weapons

The applicant sought regular bail in FIR No. 60/2024 (PS North Avenue) involving an assault between two groups at Dr. RML Hospital on October 19, 2024

It is alleged that during a confrontation, the applicant (Gaurav) used a knife to inflict injuries on the armpit and arm of members of the rival group

The applicant’s prior anticipatory bail plea was dismissed on March 27, 2025, due to the gravity of the assault captured on CCTV

The applicant was subsequently declared a Proclaimed Offender before being arrested on June 7, 2025

The parties have reportedly reached a compromise and filed for quashing of the FIR

1. Whether the applicant is entitled to regular bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS) considering the period of incarceration and the stage of trial.

2. Whether a private compromise between parties in a public assault case is sufficient grounds for granting bail.

Sections 190, 191(2), 191(3), 115(2), 109(1), and 3(5) of the Bharatiya Nyaya Sanhita (BNS)

General principles of bail jurisprudence, emphasizing that pretrial detention should not be indefinite and must be balanced against the gravity of the offense and the conduct of the accused (such as absconding)

The court noted the "blatant" nature of the assault at a public place, which initially disentitled the applicant to anticipatory bail

While the court acknowledged the State’s objection regarding the applicant’s previous status as a Proclaimed Offender, it observed that the applicant had now been in custody for nearly one year

The court found that despite the compromise between the groups, the act remained a serious public order disturbance

However, since the trial had not yet reached the stage of framing charges, the court determined that the applicant could not be "kept in jail endlessly" without a foreseeable conclusion to the trial

The court allowed the application and directed the release of the applicant on bail upon furnishing a personal bond of Rs. 25,000 with one surety of like amount, while specifically ordering the applicant to refrain from contacting the rival group