Case Note & Summary
The applicant, Madhukant @ Madhu Rameshbhai Thadani, filed a successive regular bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 11213092240329 of 2024 registered with Atkot Police Station, Rajkot Rural, for offences under Sections 376(1), 376(2)(f), 376D, 354A, 504, and 506 of the Indian Penal Code. The applicant was arrested on 02.08.2024 and had been in custody since then. His earlier bail application was withdrawn on 05.02.2025. The trial had not progressed, and charges had not been framed. The applicant's counsel argued that the delay was due to the complainant's conduct, including addressing a communication to the Special Public Prosecutor asking him not to appear. The state opposed bail, citing the trial court's observation that the applicant had tried to approach the prosecutrix and there was apprehension of harm. The High Court, after hearing both sides, noted that the trial had not commenced and the applicant had been in custody for a considerable period. The court held that the applicant cannot be kept in custody indefinitely pending trial, especially when the delay was not attributable to him. The court granted bail subject to conditions, including furnishing a bond of Rs. 25,000 and one surety, not tampering with evidence, not inducing witnesses, and not entering the village of the prosecutrix except for court attendance. The court also directed the trial court to expedite the trial and not be influenced by any observations made in the order.
Headnote
A) Criminal Procedure - Bail - Right to Speedy Trial - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant sought bail on the ground that the trial had not progressed and charges had not been framed despite his long incarceration. The court considered the delay caused by the complainant's conduct in objecting to the Special Public Prosecutor. Held that the applicant cannot be kept in custody indefinitely pending trial, and bail was granted with conditions. (Paras 1-4)
Issue of Consideration
Whether the applicant is entitled to regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, given the delay in trial and the conduct of the complainant.
Final Decision
The application is allowed. The applicant is ordered to be released on regular bail on furnishing a bond of Rs. 25,000 with one surety of the like amount, subject to conditions including not tampering with evidence, not inducing witnesses, and not entering the village of the prosecutrix except for court attendance. The trial court is directed to expedite the trial and not be influenced by any observations made in the order.
Law Points
- Bail
- Trial delay
- Right to speedy trial
- Section 483 BNSS
- Section 439 CrPC
