Bail is deemed the rule while incarceration is the exception; courts should grant bail based on assessed risks and compliance with conditions.

ORDER

This Bail Application is filed under Section 483 of Bharatiya Nagarik Suraksha Sanhita ( BNSS ).

2. Petitioners are the accused in Crime No.275/2025 of Ernakulam Central Police Station. The above case is registered against the petitioners alleging offences punishable under Sections 126 (2), 118(1) & 296(b) r/w Section 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.

3. The prosecution case is that; on 02.03.2025, at about 05:45pm., the accused abused the defacto complainant and assaulted him. The victim sustained grievous hurt. Hence, it is alleged that the accused committed the offence. It is submitted that Section 118 (2) of BNS is also added subsequently.

4. Heard counsel for the petitioners and the Public Prosecutor.

5. The learned counsel for the petitioners submitted that, the petitioners are in custody from 03.03.2025. Petitioners are ready to abide by any conditions, if this Court grants them bail.

6. Public Prosecutor opposed the bail application. But, he conceded that, as per the report received by him from the Investigating OfÏcer, no criminal antecedents is alleged against the petitioners.

7. This Court considered the contentions of the counsel for the petitioners and the Public Prosecutor. The only non-bailable offences alleged against the petitioners are under Sections 118 (1) & 118(2) of the BNS. Petitioners are in custody from 03.03.2025. No criminal antecedents are alleged against the petitioners. Considering the facts and circumstances of the case, I think, the petitioners can be released on bail after imposing stringent conditions.

8. Moreover, it is a well accepted principle that the bail is the rule and the jail is the exception. The Hon'ble Supreme Court in Chidambaram. P v Directorate of Enforcement [ 2019 (16) SCALE 870 ], after considering all the earlier judgments, observed that, the basic jurisprudence relating to bail remains the same inasmuch as the grant of bail is the rule and refusal is the exception so as to ensure that the accused has the opportunity of securing fair trial.

9. Moreover, in Jalaluddin Khan v. Union of India [ 2024 KHC 6431 ], the Hon'ble Supreme Court observed that:

“21. Before we part with the Judgment, we must mention here that the Special Court and the High Court did not consider the material in the charge sheet objectively. Perhaps the focus was more on the activities of PFI, and therefore, the appellant's case could not be properly appreciated. When a case is made out for a grant of bail, the Courts should not have any hesitation in granting bail. The allegations of the prosecution may be very serious. But, the duty of the Courts is to consider the case for grant of bail in accordance with the law. "Bail is the rule and jail is an exception" is a settled law. Even in a case like the present case where there are stringent conditions for the grant of bail in the relevant statutes, the same rule holds good with only modification that the bail can be granted if the conditions in the statute are satisfied. The rule also means that once a case is made out for the grant of bail, the Court cannot decline to grant bail. If the Courts start denying bail in deserving cases, it will be a violation of the rights guaranteed under Art.21 of our Constitution.” (underline supplied)

10. In Manish Sisodia v. Directorate of Enforcement [ 2024 KHC 6426 ], also the Hon'ble Supreme Court observed that:

“53. The Court further observed that, over a period of time, the trial courts and the High Courts have forgotten a very well - settled principle of law that bail is not to be withheld as a punishment. From our experience, we can say that it appears that the trial courts and the High