Can Bail Can Be Granted in Cases Registered Under Section 69 of BNS, 2023 During Ongoing Investigation?

The court clarified that bail may be granted in cases under Section 69 of the BNS, 2023, after considering the nature of allegations, duration of incarceration, and investigation stage — reaffirming established legal principles regarding bail at the investigation stage. This judgment stands as binding authority within the State of Telangana for similar bail applications.

Summary

Practical Impact

What’s New / What Lawyers Should Note

• The judgment clarifies that bail can be granted during the pendency of investigation under Section 69 of BNS, 2023, after considering duration of custody and investigation progress.
• Lays down that execution of personal bond with sureties and compliance with statutory conditions is necessary.
• Lawyers should note the specific conditions imposed, including weekly appearance before SHO and adherence to Section 437(3) CrPC (now Section 480(3) BNSS).
• The court reaffirms the importance of balancing the gravity of allegations with personal liberty and status of investigation.

Summary of Legal Reasoning

• The Court evaluated the material on record, nature of the incident, and submissions from both parties.
• Noted that investigation was substantially complete, with statements of most witnesses already recorded.
• Highlighted that the petitioner was in custody since 11.09.2025.
• Recognised that continued incarceration during investigation, when significant steps are complete, may not be necessary.
• The Court exercised discretion to grant bail, subject to compliance with statutory safeguards to ensure the petitioner’s presence and non-interference with the investigation.
• Imposed conditions in line with Section 437(3) CrPC (now Section 480(3) BNSS), including execution of bond, sureties, and regular police appearance.

Arguments by the Parties

Petitioner

• Asserted innocence and denied allegations.
• Claimed the relationship was consensual.
• Pointed out the absence of the date of offence in the complaint.
• Stated he had been in jail since 11.09.2025.
• Submitted that material part of the investigation was over and requested for bail.

Respondent (State)

• Opposed bail on the ground that the allegations were serious.
• Argued investigation was not yet complete.
• Requested dismissal of the bail petition.

Factual Background

The petitioner and the de-facto complainant had known each other since 2019, residing in neighbouring villages. The complainant alleged that the petitioner had physically exploited her under the pretext of marriage and later refused to marry her. Based on her report dated 08.09.2025, police registered FIR No.1157/2025 under Section 69 of BNS, 2023. The petitioner was arrested on 11.09.2025 and remained in custody. Investigation was ongoing at the time of the bail application, with most witness statements already recorded.

Statutory Analysis

• The offence was registered under Section 69 of the Bharatiya Nyaya Sanhita, 2023.
• The Court referred to Section 437(3) CrPC, now Section 480(3) BNSS, mandating specific bail conditions to ensure the accused’s compliance and non-interference.
• Conditions imposed included execution of a personal bond with sureties and regular appearance before the police for a specified duration.

Procedural Innovations

• The judgment imposed a structured schedule for police appearance (weekly, at a fixed time) during the post-bail investigation phase, thereby balancing investigational needs with the accused’s liberty.

Alert Indicators

• ✔ Precedent Followed – Existing law regarding bail at the investigation stage is affirmed.