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.

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, which initially granted them the interim pre-arrest bail vide order dated 18.07.2024, but subsequently rejected the same vide its order dated 05.08.2024, on illegal and unjustifiable grounds being influenced by the severe enmity between them and the complainant-party; that the learned Sessions Judge has not appreciated the fact that basically there is a civil dispute between the parties, which has resulted into the filing of counter criminal cases; that some of the petitioners are elders and senior citizens suffering from multiple ailments; that they shall suffer badly in terms of their reputation in the estimation of society in case of their arrest, which cannot be repaired thereafter; that they complied with the terms and conditions of the interim pre-arrest bail order dated 18.07.2024, already granted by the learned Sessions Judge and that they shall also abide by any of the conditions that may be imposed by this Court.

2. As per the memo of objections dated 12.08.2024, of the respondent No. 1, copy whereof has been furnished for perusal in the open Court, the petitioners are alleged to be involved in the commission of offences [punishable under sections 307/ 329(3)/ 191(2)/ 191(3)/190/115(2)/352/351(2)/351(3)] and 4/25 Arms Act arising out of FIR No. 98/2024 registered with Police Station Bishnah, Jammu. The respondent-State has resisted the bail application on the grounds that the same is not maintainable as being successive one without there being any change in the circumstances after the dismissal of the earlier application by the learned Sessions Judge, Jammu. That the petitioners are involved in the commission of heinous offences, as they have caused serious injuries to the complainant and his family members. That the custodial interrogation of the petitioners is imperative for the logical conclusion of the investigation of the case. That this Court is required to consider a variety of circumstances including seriousness of crime, nature of offences, likelihood of the accused misusing the concession of bail and the impact of crime on the society as well as State while disposing of a bail application. That the release of the petitioners shall badly effect the investigation and the fair trial of the case. That the statements of the complainant and other witnesses are still to be recorded. That the concession of interim pre-arrest bail already granted in favour of the petitioners by the learned Sessions Judge has been subsequently denied to them and that the co-accused-Usha Rani has been granted interim bail by the Court of learned 3rd Additional Sessions Judge, Jammu.

3. I have heard learned counsel for the parties including that of respondent no. 2-complainant.

4. The learned counsel for the petitioners while reiterating his stand taken in the bail