Prolonged pre-trial detention and slow trial progress justify grant of bail despite criminal antecedents.

The complainant, Kutubuddin, discovered unauthorized debits from his SBI account and subsequently learned that two motorcycles, valued at ₹1,53,717 and ₹2,25,500, had been financed in his name without his consent

Investigation revealed that applicant Wasim Akram obtained the complainant’s documents under the pretext of processing a passport but utilized them for the unauthorized vehicle financing; applicant Shahrukh Khan was also implicated in the scheme

The applicants were arrested on December 12, 2024, for offenses involving cheating and forgery

Their first bail applications were rejected on merits on June 26, 2025

Charges were subsequently framed on March 16, 2026, with 22 prosecution witnesses listed for examination

Whether the applicants are entitled to the grant of regular bail under Section 483 of the BNSS, 2023, in light of their prolonged incarceration and the current status of the trial

The court primarily applied Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) regarding the grant of regular bail

The substantive offenses were registered under Sections 420 (cheating), 467 (forgery of valuable security), 468 (forgery for cheating), 471 (using forged documents), and 34 (common intention) of the Indian Penal Code

The court also referenced procedural obligations and penalties for non-compliance under Sections 84, 209, 269, and 351 of the Bharatiya Nyaya Sanhita (BNS)

The court evaluated the gravity of the allegations—specifically the misuse of the complainant's documents to commit financial fraud—against the applicants' right to a timely trial

While the State opposed bail citing the nature of the cheating and the applicants' two criminal antecedents, the court noted that the applicants had been in jail since December 12, 2024

The court observed that although charges were framed on March 16, 2026, there remain 22 prosecution witnesses whose evidence is yet to be recorded

Applying the principle that bail may be granted when a trial is likely to be protracted, the court reasoned that the duration of custody already served combined with the anticipated delay in concluding the trial outweighed the grounds for further detention

The holding was conditioned upon the execution of a personal bond with two sureties each and strict adherence to trial proceedings

Specifically, the court directed that the applicants shall not seek adjournments when witnesses are present, must appear personally for framing charges and recording statements, and warned that any misuse of liberty or failure to appear would result in proceedings under Sections 209 and 269 of the BNS