Question

R is arrested for an offence under the Bharatiya Nyaya Sanhita, 2023 punishable with imprisonment for a maximum term of six years. He is not released on bail and remains in detention during investigation, inquiry and trial for three years and six months. Under Section 479 of the Bharatiya Nagarik Suraksha Sanhita, 2023:

A R is entitled to bail only after the charge sheet is filed, as bail during investigation is discretionary.
B R may be released only with the consent of the public prosecutor, who must agree to the bail.
C R must be released on bail because his detention exceeds one-half of the maximum imprisonment prescribed.
D R cannot be released because the proviso excludes offences punishable with six years or more.
E R must serve the full maximum term of six years before release, as the offence is non-bailable.
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