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MOHAMMAD YOUSUF WANI
Vasu Sharma – Appellant
Versus
UT of J&K – Respondent
JUDGEMENT
1. Apprehending their arrest by the Police Station Bishnah, Jammu in case FIR No. 98/2024, the petitioners have approached this Court invoking its powers under the Provisions of Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), for grant of pre-arrest bail in their favour on the main relevant grounds, inter alia, to the effect that they have been falsely and frivolously implicated in the case FIR No. 98/2024 when they are innocent, peace loving citizens believing in the rule of law; that the case FIR in question against them has been got registered on the basis of a false complaint filed by respondent No. 2-Amit Puriya and his family members under a conspiracy to malign their reputation in the society; that they are actually having a civil dispute with the respondent No. 2 and his family members in respect of a patch of land regarding which the complainant party has been disputing their rights; that the FIR in question has got registered to pressurize them to settle score in respect of the civil dispute; that earlier they approached the Court of learned Additional Sessions Judge, Jammu, seeking grant of pre-arrest bail in case FIR in question, whi
Anticipatory bail is an extraordinary remedy that must be justified by circumstances, balancing the rights of the accused against the interests of justice and effective investigation.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Successive bail applications require substantial change in circumstances; prior denials must be respected to prevent judicial abuse.
Anticipatory bail can be denied if the applicant fails to comply with court orders and conditions, especially in serious cases involving multiple FIRs.
Anticipatory bail is an extraordinary remedy that should be granted sparingly, especially in serious cases, and requires strict compliance with court-imposed conditions.
Sec.438 of Cr.P.C reads as Direction for grant of bail to person apprehending arrest.
Point of Law : Bail - Power under Section 438 CrPC is an extraordinary power and the same has to be exercised sparingly. The privilege of the pre arrest bail should be granted only in exceptional cas....
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