Statutory bail under the Bharatiya Nagarik Suraksha Sanhita applies when magisterial trial evidence remains unfinished in custody.

Section 480(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 mandates bail in a case triable by a Magistrate where evidence is not concluded within sixty days from the first date fixed for taking evidence and the accused has remained in custody throughout that period, unless the Magistrate records written reasons to refuse release. On the stated facts, the accused had stayed in custody for more than two years and only one prosecution witness had been examined, so the statutory condition for release was satisfied and continued custody was treated as unjustified.

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Issues: Entitlement to bail under Section 480(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023 when a case triable by a Magistrate is not concluded within sixty days from the first date fixed for taking evidence and the accused remains in custody throughout that period.

Analysis: The application arose from a magisterial trial in which evidence had not concluded within sixty days from the first date fixed for taking evidence. The accused had remained in custody for more than two years, and only one out of many prosecution witnesses had been examined. Section 480(6) mandates release on bail in such circumstances unless the Magistrate records reasons in writing to direct otherwise. On the record, the statutory condition for release stood satisfied, and continued custody was considered unjustified without any examination of the merits of the case.

Conclusion: The accused was entitled to be enlarged on bail under Section 480(6) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Ratio Decidendi: Where a case triable by a Magistrate is not concluded within sixty days from the first date fixed for evidence and the accused has remained in custody throughout that period, bail follows as a statutory mandate unless recorded reasons justify refusal.

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