Trial Not Concluded Within 60 Days From Day Fixed For Recording Evidence: Rajasthan High Court Cites S.480 BNSS To Grant Bail In Cheating Case

Rajasthan High Court has allowed the bail application of an accused charged under Sections 420 and 406 IPC, on grounds of Section 480(6) BNSS, since the trial did not conclude within sixty days from the date fixed for taking evidence in the case and the accused was in custody for more than two years.

Section 480(6) BNSS provides that in a case triable by a Magistrate, if the trial of the accused of any non-bailable offence was not concluded within sixty days from the first date fixed for taking evidence and the accused was in custody during the entire period, he/she shall be released on bail.

The bench of Justice Ganesh Ram Meena was hearing a second bail application filed by the accused charged under Section 420 and 406, IPC, in view of Section 480(6) of BNSS.

It was the case of the counsel for the accused that the first bail application on the same grounds of Section 480(6), BNSS, was dismissed by the trial court on the apprehension that the accused may influence the prosecution witnesses. However, since 60 days had passed after fixing of the first date for recording evidence, and the trial was not concluded, it was argued that the accused be granted bail under Section 480(6), BNSS.

On the other hand, it was the case of the public prosecutor that the trial could not be concluded within a period of 60 days because certain applications were filed by the prosecution witnesses which came to be decided at a later stage.

The Court perused the facts of the case and highlighted that the first date for recording evidence was fixed on 14/06/2024 and the period of 60 days ended on 13/08/2024. Furthermore, the accused was in custody for more than two years now.

In this light, the Court held that as per the mandate of Section 480(6), BNSS, the accused could not be continued in custody for an indefinite period of time.

Accordingly, the petition was allowed releasing the accused on bail.

Title: Banwari Lal Kushwah v State of Rajasthan

Citation: 2024 LiveLaw (Raj) 334

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