Pre-arrest bail is granted when prosecution lacks supporting evidence from the victim.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 16-01-2026 Heard Mr. Md Irshad, learned counsel appearing on behalf of the petitioners and Mr. Bishweshwar Ram, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Kabaiya P.S. Case No. 325 of 2025, registered for the offence punishable under Sections 96 , 3(5) of the BNS . 3. As per the allegation made in the FIR, petitioners had allegedly kidnapped the minor daughter of the inofrmant.

4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. Victim in her statement recorded under Section 180 BNSS before the police, has not supported the prosecution case. However, statement of the victim recorded under Section 183 BNSS could not be brought on record. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, learned District Court is directed verify the statement of the victim recorded under Section 183 BNSS and if it found that the victim girl has not supported the prosecution case, the petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Kabaiya P.S. Case No. 325 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically.

9. Accordingly, the present bail application stands disposed of.

(Purnendu Singh, J)