#pre-trial custody

The Karnataka High Court granted regular bail to an accused under BNSS and POCSO after eight months of pre-trial detention, emphasizing that mere attempt at sexual contact without rape allegations, coupled with prolonged custody and completed investigation, negates the need for continued detention. This sets a critical precedent for bail eligibility in non-penetrative sexual offence cases where the victim’s statement does not invoke Section 376-equivalent provisions.

The Allahabad High Court granted bail in a POCSO case after finding the victim’s recorded statement under Sections 180 and 183 of the BNSS contained no accusation against the applicant, rendering the prosecution’s case critically weak. This sets a precedent that silence in statutorily mandated victim statements can undermine the prima facie case, even in serious child sexual offense allegations, and reinforces bail as a default where evidence is absent.

Madhya Pradesh High Court rules that prolonged pre-trial detention-over 17 months-violates the constitutional right to speedy trial under Article 21, warranting bail even in serious offences like forgery and cheating. The judgment underscores that incarceration without trial disproportionately affects personal liberty, irrespective of offence gravity.

Chhattisgarh High Court grants regular bail under Section 483 BNSS where the victim and key witness turned hostile, and the accused had already spent five months in custody with minimal trial progress. The ruling underscores that prolonged detention without trial advancement may outweigh the gravity of POCSO allegations, even in serious offences.

Madhya Pradesh High Court suspends a 10-year sentence under Section 304 IPC, emphasizing material contradictions in prosecution witness depositions and 22 months of pre-trial custody as grounds for bail. The ruling underscores the court's discretion to grant bail pending appeal where evidence reliability is seriously doubted, even in serious offences.

Rajasthan High Court ruled that suicide within two years of marriage alone cannot sustain dowry death charges under Sections 498-A and 304-B IPC without credible, specific evidence of dowry demands or cruelty. The court emphasized the need for cogent proof linking the death to dowry harassment, reinforcing the 'soon before death' requirement for conviction.

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.