Section 479 BNSS: First-time offenders completing one-third of maximum sentence are entitled to bail.

The applicant sought regular bail in FIR No. 45/2021 (PS Economic Offences Wing) registered under Sections 406, 409, 420, 120B, and 506 of the IPC.

The prosecution alleged that the applicant impersonated an individual named "Shaurya" and cheated the complainant and her daughter of significant sums under various pretexts, including securing government jobs, arranging corporate tenders, and funding personal surgeries.

The applicant was arrested on 21.07.2023.

During proceedings, it was revealed that out of five named accused, only the applicant was arrested, while others—including one who allegedly forged a CBI identity card—remained at large.

Additionally, the Investigating Officer (IO) admitted that the audio recordings previously cited in a status report against the applicant actually pertained to a co-accused.

At the time of the hearing, the applicant had undergone over one-third of the maximum seven-year sentence imposable under Section 420 IPC, and charges had yet to be framed.

1. Whether the applicant is entitled to regular bail under Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) as a first-time offender having completed one-third of the maximum imprisonment period.

2. Whether the conduct of the investigating agency, including the filing of a misleading status report and selective arrests, warrants judicial deprecation and influences the bail plea.

The Court primarily applied Section 479 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which mandates the release of an undertrial prisoner (who is a first-time offender) on bail if they have undergone incarceration for a period extending to one-third of the maximum imprisonment specified for the alleged offence.

The court relied on the Supreme Court’s directions in In Re: Inhuman Conditions in 1382 Prisons [Writ Petition (Civil) 406/2013], which ordered the immediate implementation of Section 479 BNSS to alleviate jail overcrowding.

Furthermore, it followed the precedent set in Suleman Samad v. State of NCT of Delhi [Bail Appln. 766/2025], affirming that undertrials meeting the one-third threshold for 7-year offences are entitled to bail.

The Court observed that the applicant, a first-time offender, had been in custody since July 2021, effectively serving more than one-third of the maximum seven-year sentence prescribed under Section 420 IPC.

It held that under the statutory mandate of Section 479 BNSS and the subsequent Supreme Court directives, the applicant’s continued detention was unjustified.

The Court expressed strong disapproval of the Economic Offences Wing’s (EOW) conduct, noting that a misleading status report was filed regarding audio evidence that did not involve the applicant.

The Court further highlighted the "unanswered questions" regarding the investigation's integrity, specifically the failure to arrest co-accused individuals who had allegedly committed more grave acts like forging CBI credentials, while only the applicant remained incarcerated.

Given that the trial was at a nascent stage (charges not yet framed) and supplementary investigations were ongoing, the Court determined that further deprivation of liberty was unwarranted.

The Court held that the applicant satisfied the criteria for release under the "one-third" rule for first-time offenders under Section 479 BNSS.

Additionally, the Court issued a general direction to the Director General (Prisons), all Principal District and Sessions Judges, and the Legal Services Authorities (DHCLSC/DLSA) to ensure strict compliance with the Supreme Court’s mandate regarding the release of eligible undertrials to prevent illegal continued languishing in jails.