Srinagar, Oct 26: Observing that anticipatory bail cannot be denied merely because a final report has been filed, the High Court of Jammu and Kashmir and Ladakh has made absolute the pre-arrest bail granted to an accused in a case registered under the new Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023.
As per news agency Kashmir News Corner — KNC, Justice Mohammad Yousuf Wani, in a significant order, clarified that the filing of a final report (challan) before the competent court does not restrict the power of the court to confirm anticipatory bail under Section 482 of the BNSS.
The court was hearing a petition filed by Arif Ali Khan, who had earlier been granted interim pre-arrest bail on June 5, 2025, in connection with FIR No. 39/2025 under Sections 308(4), 329(a), 351(2), and 74 of the BNS registered at Police Station Safa Kadal, Srinagar.
Following the filing of the final report in the case, Khan approached the court seeking confirmation of his interim protection. The prosecution, however, contended that since the challan had been filed, the petitioner should apply for regular bail before the trial court.
Rejecting this contention, Justice Wani observed that directing the petitioner to seek regular bail after the grant of interim anticipatory bail would “defeat the very purpose of pre-arrest protection envisaged under Section 482 of the BNSS.”
The court held that the object of anticipatory bail is to safeguard personal liberty and prevent unnecessary arrest, and that right remains intact even after the filing of a chargesheet, unless barred under Section 480 of the BNSS.
“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,” the order reads.
The court also noted that the trial had already commenced and there was no requirement for the petitioner’s custody, as the alleged offences did not fall under any prohibitory category.
Accordingly, the High Court made the interim pre-arrest bail absolute, directing the petitioner to adhere to previously imposed conditions — including not tampering with evidence, attending trial proceedings regularly, and not leaving the limits of the Union Territory without prior permission from the trial court. (KNC)
