Criminal Procedure – Pre-arrest bail – Section 482 BNSS, 2023 – Offences under Section 109(1) r/w 3(5) Bharatiya Nyaya Sanhita – Specific overt acts alleged – Statement of victim implicating accused – Nature and gravity of allegations – Discretionary relief – Rejection – Liberty to surrender and seek regular bail
Held:
Pre-arrest bail is a discretionary relief and cannot be granted as a matter of course. Where specific overt acts are attributed to the petitioner in the statement of the victim and the nature and gravity of allegations disclose active participation in the offence, the petitioner is not entitled to the extraordinary relief of pre-arrest bail. However, liberty may be granted to surrender before the jurisdictional Magistrate and seek appropriate relief in accordance with law.
(Paras 5–8)
FACTS
The petitioner/Accused No.7 sought pre-arrest bail in connection with Crime No.194 of 2025 of Srikalahasthi I Town Police Station, registered for offences punishable under Section 109(1) read with Section 3(5) of the Bharatiya Nyaya Sanhita.
(Para 1)
The petitioner contended that he is 19 years old, a student, falsely implicated, and that there are only omnibus allegations against him.
(Para 2)
The State opposed the petition contending that the petitioner has not approached the Court with clean hands and that he had taken law into his own hands.
(Para 3)
FINDINGS
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As per the record, LW.1/victim was attacked with rods and sticks.
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Accused Nos.1 and 2 used deadly weapons causing injuries.
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In the statement recorded by the Investigating Officer, the victim specifically stated that the petitioner also beat him.
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Wound certificate was yet to be received.
(Para 5)
The Court reiterated that pre-arrest bail is neither a license to commit offences nor a protective shield for persons against whom specific overt acts are alleged, relying on settled principles laid down by the Hon’ble Supreme Court.
(Para 6)
Considering the nature and gravity of allegations and the specific role attributed, the Court held that the petitioner is disentitled to the relief of pre-arrest bail.
(Para 7)
FINAL ORDER
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Criminal Petition dismissed.
-
Liberty granted to the petitioner to surrender before the Jurisdictional Magistrate within two weeks and to file an appropriate application.
-
Jurisdictional Court directed to endeavour to dispose of the application within one week, in accordance with law, after giving opportunity to both sides.
(Para 8)
RATIO DECIDENDI
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Pre-arrest bail being a discretionary relief cannot be granted where specific overt acts are attributed to the accused.
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Nature and gravity of allegations and victim’s statement are decisive factors in considering anticipatory/pre-arrest bail.
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Even upon rejection of pre-arrest bail, liberty to surrender and seek regular bail can be granted to balance procedural fairness.
