Case Note & Summary
The applicant, Hiteshbhai Cheharbhai Khant, filed a successive anticipatory bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with FIR No.11188006240525 registered with Malpur Police Station, Aravalli, for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita, 2023 (murder). The applicant was arrested on 12 October 2024 and had been in custody since. He had earlier filed Criminal Misc. Application No.12929 of 2025, which was withdrawn on 22 July 2025 as the court was not inclined to grant bail. Subsequently, the trial progressed and material witnesses were examined before the learned Trial Court. The applicant's counsel argued that the depositions of the witnesses examined so far did not reveal any incriminating material against the applicant, and most witnesses did not support the prosecution case. The learned APP opposed the application, contending that the deceased was the applicant's wife and that he had strangulated her, causing her death. The court heard both sides and noted that the earlier application was withdrawn because the court was not inclined to exercise discretion in favour of the applicant. However, after the withdrawal, the trial had progressed and witnesses had been examined. The court observed that the depositions of the witnesses examined so far did not incriminate the applicant, and most witnesses had not supported the prosecution case. The court held that this constituted a change in circumstance, and the continued detention of the applicant was not justified. The court allowed the application and ordered the applicant to be released on regular bail upon furnishing a personal bond of Rs. 25,000 with one surety of the like amount, subject to conditions including not misusing liberty, not tampering with evidence, and not leaving India without prior permission. The court also clarified that the observations were only for the purpose of deciding the bail application and should not influence the trial.
Headnote
A) Criminal Procedure - Successive Bail Application - Change in Circumstances - Section 483 Bharatiya Nagarik Suraksha Sanhita, 2023 - The applicant filed a successive bail application after earlier withdrawal, contending that trial had progressed and witnesses examined did not support the prosecution - Court held that non-support by material witnesses constitutes a change in circumstance warranting bail - Held that continued detention is not justified when prosecution case is weakened (Paras 1-5). B) Criminal Law - Murder - Bail - Section 103(1) Bharatiya Nyaya Sanhita, 2023 - The applicant was accused of strangulating his wife - However, during trial, most witnesses turned hostile and did not incriminate the applicant - Court held that in the absence of incriminating material, bail should be granted - Held that the applicant is entitled to be enlarged on bail subject to conditions (Paras 2-5).
Issue of Consideration
Whether the applicant is entitled to regular bail after chargesheet when material witnesses have not supported the prosecution case and the applicant has been in custody for a substantial period.
Final Decision
The application is allowed. The applicant is ordered to be released on regular bail on furnishing a personal bond of Rs. 25,000 with one surety of the like amount, subject to conditions including not misusing liberty, not tampering with evidence, and not leaving India without prior permission. Observations are only for bail purpose and shall not influence trial.
Law Points
- Bail after chargesheet
- successive bail application
- change in circumstances
- witness deposition not supporting prosecution
- Section 483 BNSS
- Section 103(1) BNS
