Excelsior Correspondent
Srinagar, Oct 25: Observing that anticipatory bail cannot be denied to a person on account of pendency of final report, the High Court has made absolute the pre-arrest bail to a person.
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Justice Mohammad Yousuf Wani in a significant order clarified that the scope of anticipatory bail under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023) and the filing of a final report (challan) before the competent court does not bar the grant of absolute anticipatory bail. After an interim pre-arrest bail was granted on June 5, 2025, the police filed the final report, following which the petitioner sought confirmation of the interim protection
The applicant Arif Ali Khan has moved the pre-arrest bail application in terms of provisions of Section 482 of the BNSS, on 04.06.2025, in case FIR No. 39/2025 under Sections 308(4), 329(a), 351(2) and 74 of the BNS registered with Police Station, Safa Kadal, Srinagar.
Upon filing of the instant petition, the Court was convinced to admit the petitioner/ accused-Khan to interim pre-arrest bail 05.06.2025. Subsequent to the passing of the interim pre-arrest bail order in his favour, the final report/challan in the concerned case came to be filed by the Investigating Officer before the Competent Court, which is accordingly reported to be pending trial.
The petitioner has now sought the grant of absolute pre-arrest bail in his favour although the final report/challan is reported to have been filed in respect of case FIR in question. The court said the petitioner cannot be directed to seek regular bail from the trial court, as the same shall defeat the purpose of the doctrine of pre-arrest bail covered under the provisions of Section 482 of the BNSS, in view of the authoritative interpretations of the concept of pre-arrest bail by the apex court.
However, the Court maintained that even though the charge sheet had been filed, the right of anticipatory protection to the applicant remains intact, as the object of such protection is to safeguard personal liberty and prevent unnecessary arrest.
“The petitioner cannot be directed to seek regular bail from the Trial Court as the same shall defeat the purpose of the doctrine of pre-arrest bail covered under the provisions of Section 482 of the BNSS,” the Court observed.
The Court further added that the trial had already commenced, and therefore, there was no requirement for the Khan’s custody as the offences in question do not attract the bar under Section 480 of the BNSS.
“Accordingly, the interim pre-arrest bail was made absolute, and the petitioner was directed to comply with the conditions imposed earlier including not tampering with evidence, attending the trial punctually, and not leaving the limits of UT without prior permission of the trial court”, read the order.
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