AI Overview...
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Bail under Section 309 of BNS - Multiple cases have granted bail under Section 309 of the Bharatiya Nagarik Suraksha Sanhita, 2023, often considering the nature of the offense, stage of investigation, and absence of incriminating evidence. For instance, in BHARAT vs THE STATE OF MADHYA PRADESH - Madhya Pradesh, bail was granted for an offense under Section 309(4) after the applicant was in judicial custody, citing lack of incriminating evidence and false implication. Similarly, in Rahul Bairwa vs State Of Rajasthan - Rajasthan, bail was granted for offenses under Section 309(6) after finding that the petitioners were falsely implicated and injuries were non-life-threatening. Several cases also emphasize that bail should not be denied unless exceptional circumstances exist, as highlighted in Gau S/o Jitendra Pandit vs State Of Rajasthan - Rajasthan.
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Legal Principles and Conditions - Courts often consider the absence of grounds for custodial interrogation, completion of investigation, and the principle of parity with previously granted bails. For example, in Sanamdeep vs State - Uttarakhand, bail was granted to an accused under Section 309(2) after noting that co-accused had already been granted bail, and in Sanchit Kashyap vs State - Uttarakhand, bail was allowed based on the lack of grounds for custodial interrogation.
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Falsely Implicated and Lack of Evidence - Several judgments recognize that petitioners were falsely implicated or that there was insufficient evidence to justify continued detention, leading to bail grants (Rahul Bairwa vs State Of Rajasthan - Rajasthan, Manoj Kumar vs State of Rajasthan - Rajasthan, NAGENDRA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh).
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Additional Notes - Some cases involve bail under other sections like Sections 483 and 439 of Cr.P.C., but the common thread remains the consideration of the circumstances, evidence, and legal provisions under the BNS Act.
Analysis and Conclusion
Bail under Section 309 of BNS is generally granted when the court finds no compelling reason to deny it, such as lack of evidence, false implication, or completion of investigation. Courts uphold the principle that bail should be the rule rather than the exception, provided conditions under the law are satisfied. Each case is evaluated on its merits, with emphasis on the facts, evidence, and legal standards outlined in the BNS Act and related jurisprudence.
References: - NAGENDRA vs THE STATE OF MADHYA PRADESH - Madhya Pradesh - BHARAT vs THE STATE OF MADHYA PRADESH - Madhya Pradesh - Gau S/o Jitendra Pandit vs State Of Rajasthan - Rajasthan - Sanamdeep vs State - Uttarakhand - Rahul Bairwa vs State Of Rajasthan - Rajasthan - Manoj Kumar vs State of Rajasthan - Rajasthan - Tersa Ram Prajapati vs State Of Chhattisgarh - Chhattisgarh - Sanchit Kashyap vs State - Uttarakhand - Sursingh@ Sunder Singh vs The State Of Madhya Pradesh - Madhya Pradesh - VINOD @ GUNDU @ GUNDA vs STATE OF KARNATAKA - Karnataka
Search Results for "Bail Granted under Section 309 of Bns"
2025 Supreme(Online)(MP) 4983 • India - High Court of Madhya Pradesh
SUBODH ABHYANKAR, J
The applicant is seeking bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Section 439 of the Cr.P.C. after ... expresses that due consideration was given to the settlement between the applicant and the complainant who has no objection to the bail ... is concerned, the applicant has already been granted bail by the trial Court itself. ... 309 o....
2025 Supreme(Online)(MP) 6579 • India - High Court of Madhya Pradesh
SANJEEV S KALGAONKAR, J
15/06/2025 for an alleged offence punishable under Section 309(4) of BNS, 2023, claiming false implication and lack of incriminating ... ... ... Result: Application is allowed and bail is granted. ... (A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Application for bail - Applicant has been in judicial custody since ... 309(4) of the #HL....
2025 Supreme(Online)(Raj) 10647 • India - High Court of Rajasthan (Jodhpur Bench)
MANOJ KUMAR GARG, J
The Court held that bail must be granted unless the conditions specified in Section 12 are met. ... The court found no exceptional circumstances to deny bail under Section 12 of the Juvenile Justice Act, 2015. ... of BNS. ... The bail application filed by the petitioner under Section 12 of the Juvenile Justice Act, 2015 before learned Juvenile Justice ....
2025 Supreme(Online)(UK) 2300 • India - High Court Of Uttarakhand
Rakesh Thapliyal, J
under Section 309(2) of BNS, 2023. ... The court acknowledges that another co-accused has already been granted bail. ... The present case involves an application for bail for the accused Sanamdeep in relation to FIR No. 42 of 2025, citing alleged offenses ... Sitarganj, District Udham Singh Nagar, which was lodged against the unknown person for the offence punishable under Sect....
2025 Supreme(Online)(Raj) 11788 • India - High Court of Rajasthan (Jaipur Bench)
Pramil Kumar Mathur, J
The petitioners filed bail applications under Section 483 of BNSS in FIR No.481/2025 for offences under Section 309(6) of BNS. ... Therefore, the bail applications are granted, allowing the petitioners to be released upon certain conditions. ... found that the petitioners have been falsely implicated, and the injuries are not life-threatening, warranting their release o....
2025 Supreme(Online)(Raj) 13480 • India - High Court of Rajasthan (Jaipur Bench)
Pramil Kumar Mathur, J
offenses under Sections 109(1) & 309(6) of BNS, 2023. ... The court, considering the submissions and material, granted bail on the basis that continued custody was not justified given the ... This judgment pertains to the bail applications filed by the petitioners under Section 483 of BNSS in FIR No. 56/2025 concerning ... at Police Station-Mandavri, District-Dausa for ....
2025 Supreme(Online)(CHH) 2275 • India - High Court of Chhattisgarh
Ramesh Sinha, CJ
arrested in Crime No. 179/2024 for offences under Sections 309, 318, and 310(2) of BNS, determining that the applicant was entitled ... The main issues were centered around the argument for bail and the principle of parity concerning previously granted bails. ... The Court considered the bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, ....
2025 Supreme(Online)(UK) 1737 • India - High Court Of Uttarakhand
Rakesh Thapliyal, J
(A) BNS, 2023 - Sections 3(5), 309(2), 317(2) - Arms Act, 1959 - Section 25(1-B)(A) - Application for bail - Bail granted to the ... ... ... Findings of Court: ... Bail is granted based on the completion of investigation, lack of grounds for custodial interrogation ... ... ... Result: Bail application is allowed....
2024 Supreme(Online)(MP) 38272 • India - High Court of Madhya Pradesh
SHRI JUSTICE SANJEEV S KALGAONKAR, J
(A) BNS, 2023 - Sections 308(6), 309(6), 3(5) - Bail application filed under Section 483 for applicants in judicial custody since ... granted with conditions. ... /2024 and 6/9/2024 for offences of honey trapping and extortion - No incriminating evidence against applicants; trial pending - Bail ... 308(6), 309(6), 3(5) of BNS, 2023. .....
2025 Supreme(Online)(Kar) 22963 • India - Karnataka High Court
MOHAMMAD NAWAZ, J
The court evaluated the case under Section 309(6) BNS Act, determining the petitioner’s involvement in a robbery incident that resulted ... The core issue revolved around whether the petitioner should be granted bail, and the court concluded that the circumstances did ... 309(6) of BNS, 2023. ... before the learned XXVIII Additional City Civil and Sessions Judge, Mayoha....
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