#bail under BNS

Madhya Pradesh High Court rules that general dowry harassment allegations, without specific evidence linking the accused to the offense, cannot justify continued custody under Bharatiya Nagarik Suraksha Sanhita. The judgment underscores the need for individualized culpability in dowry-related bail applications, impacting bail jurisprudence under the new criminal procedure code.

Allahabad HC grants bail to father-in-law in dowry death case, holding vague allegations insufficient to invoke presumption under BNS Sections 85, 80(2), 92.

Rajasthan High Court grants bail under Sections 103(1), 3(5), and 105 of BNS, holding that absence of premeditation in a sudden quarrel and a post-mortem report failing to corroborate the cause of death warrant release. The ruling underscores that prolonged pre-trial detention is unjustified when prosecution evidence is inconclusive.

The Punjab & Haryana High Court granted bail under Section 123 of the Bharatiya Nagarik Suraksha Sanhita, emphasizing the lack of medical or forensic evidence to support allegations of intoxicant administration. The ruling underscores that prolonged detention without substantive evidence violates the accused's right to liberty under Article 21, particularly when custodial interrogation is unnecessary.

Karnataka High Court grants bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, emphasizing that DNA evidence exonerating the accused and hostile witness testimony undermine the prosecution's case. The ruling sets a precedent for bail considerations in POCSO cases where scientific evidence contradicts allegations.

Karnataka High Court rules that a prolonged consensual relationship, even if initially premised on a marriage promise, undermines the offence of rape by deception under Section 69 BNS. The judgment sets a precedent for bail considerations in similar cases involving disputed consent.

The Allahabad High Court granted bail to an accused in a murder case under the Bharatiya Nyaya Sanhita, emphasizing that the lack of any bullet, tattooing, or exit wound in the post-mortem directly undermines the FIR's claim of a firearm attack. This ruling reinforces that bail cannot be denied solely on the basis of serious allegations when forensic evidence fails to corroborate them, setting a critical precedent for evidentiary scrutiny in BNS-era murder bail applications.

The Rajasthan High Court granted bail to accused persons under BNS 2023 after finding no evidence linking them to the sole grievous injury and determining that fractures on fingers and radius were non-vital and not indicative of common intention. This reinforces that mere presence at the scene, without direct participation in causing serious harm, cannot justify pre-trial detention under Section 483 when injuries lack life-threatening impact and attribution is unclear.

Karnataka High Court grants bail to an accused under Bharatiya Nyaya Sanhita (BNS) where the charge sheet lacks direct allegations and eyewitnesses fail to identify the petitioner. The ruling reinforces that bail cannot be denied merely on association with co-accused without substantive evidence linking the accused to the crime.

MP High Court grants bail to a 21-year-old student accused of facilitating mule accounts in a Rs. 2.27 crore cyber fraud, holding that socio-economic circumstances, absence of criminal antecedents, and non-beneficiary role outweigh the gravity of the offence. The ruling underscores that prolonged pre-trial detention without custodial interrogation necessity cannot be justified solely on the scale of financial loss.

Bombay High Court grants bail in a case involving transportation of gutkha, holding that Section 123 of BNS requires proof of administration of poisonous substances, not mere transportation.

Chhattisgarh High Court rejects bail in cyber fraud case under Bharatiya Nyay Sanhita, emphasizing organized conspiracy and flight risk in economic offences.