#no overt act

Bombay High Court grants bail to a 70-year-old accused in a BNS case where no overt act was attributed, the charge sheet was filed without framing charges, and the cause of death remained undetermined. The ruling reinforces that prolonged pre-trial detention is unjustified when the accused's role is unsubstantiated, setting a precedent for bail in cases with weak evidentiary links.

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.

The Punjab and Haryana High Court has ruled that providing shelter to a main accused in a heinous offense, without any overt act or direct participation, cannot sustain a conspiracy charge under Section 120-B BNS. This clarifies that pre-trial custody cannot be prolonged solely on association, reinforcing that bail must be granted where no prima facie evidence of active conspiracy exists - a critical safeguard for co-accused with minimal involvement.

Madhya Pradesh High Court rules that mere sheltering of an accused and prosecutrix without any overt act or protest does not constitute an offence under POCSO. The court granted bail, emphasizing that passive harbouring alone is insufficient for conviction, setting a precedent for bail jurisprudence in similar cases.