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B. V. NAGARATHNA, UJJAL BHUYAN
Vijay Dange – Appellant
Versus
State of Maharashtra – Respondent
How to determine regular bail in a serious offence when trial has not commenced and custody has been prolonged? What is the standard for granting regular bail when charges are framed but trial has not started? What are the conditions and consequences for bail to ensure presence and prevent misuse of liberty?
Key Points: - (!) Supreme Court allowed appeal and directed trial court to grant regular bail to the appellant with conditions ensuring presence and cooperation. - (!) Court noted prolonged custody without commencement of trial despite framing of charges. - (!) Bail granted subject to conditions to ensure presence, cooperation, and non-misuse of liberty; non-compliance may lead to cancellation. - (!) High Court directive for re-application after one year from order was rejected; facts supported regular bail due to delay in trial. - (!) Appellant in custody since 29.10.2024; charges under Sections 103(1) read with 3(5) BNS; trial not commenced. - (!) Material witnesses need examination; risk to trial if bail granted? addressed by conditions. - (!) Regular bail granted after considering seriousness of charges but absence of trial progress. - (!) Appellate court ordered production before trial court and release on bail with cooperation. - (!) Infraction of bail conditions may result in cancellation. - (!) Relief granted to appellant; case allowed.
ORDER
Leave granted.
2. This appeal challenges the judgment and order dated 24.11.2025 passed by the High Court of Judicature at Bombay, in Bail Application No.4331 of 2025.
3. The appellant has been facing trial in connection with a crime registered pursuant to FIR No. 1148 of 2024 dated 29.10.2024 lodged with Police Station: Mahatma Phule Chowk, District: Thane City in respect of offences punishable under Section 103 (1) read with Section 3 (5) of the Bharatiya Nyaya Sanhita, 2023 [in short, “BNS”].
4. The application seeking regular bail having been rejected by the High Court vide impugned order dated 24.11.2025, the appellant has preferred the instant appeal.
5. This Court, vide its order dated 24.02.2026, issued notice in the instant matter.
6. Heard learned counsel for the appellant in support of the appeal and learned counsel for the respondent-State and perused the material on record.
7. Learned counsel for the appellant submitted that the offences charged against the appellant under Sections 103 (1) read with Section 3 (5) of the BNS are wholly false inasmuch as there was no criminal intent to commit the said offences; there was a scuffle and an altercation which happened spont
Supreme Court granted regular bail in serious offence case involving alleged spontaneous scuffle, noting prolonged custody without trial commencement and rejecting High Court's one-year re-applicatio....
The court granted bail under Section 409 IPC, emphasizing the need for a fair assessment of the appellant's circumstances and ensuring conditions to prevent misuse of liberty.
Bail is the rule and jail the exception, emphasizing personal liberty under Article 21, especially when pre-trial detention amounts to wrongful conviction.
The court emphasized that bail is a rule and pre-trial detention is an exception, affirming the presumption of innocence and personal liberty under Article 21.
The court established that non-appearance at a specific hearing was not deliberate, allowing for bail based on reasonable circumstances.
The court established that a delay in trial and the number of witnesses can justify granting bail, emphasizing the need for conditions to ensure the appellant's presence.
An accused can be granted bail if the evidence presented does not sufficiently connect them to the alleged crime.
Prolonged incarceration justifies reconsideration of bail applications; prior rejections do not prevent courts from reevaluating bail based on changed circumstances.
Bail is the rule, and pre-trial detention should not equate to conviction, emphasizing personal liberty under Article 21.
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