A defendant may obtain pre-arrest bail when allegations lack sufficient evidential support for the invoked statutory provisions.

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER

2 04-02-2026 Heard Mr. Ravish Mishra, learned counsel appearing on behalf of the petitioner and Mr. Yogendra Kumar, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Panjwara P.S. Case No. 46/2025 registered for the offence(s) punishable under Sections 126(2),115(2),85,351(2) of the BNS .

3. As per the allegation made in the FIR, the informant’s marriage was solemnized with the petitioner on 05.10.2024 in a temple. After one month of marriage, the petitioner along with other co-accused persons started demanding dowry from her and also assaulted her and told her to go back, otherwise they would kill her.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case. Petitioner has given correct information in paragraphs no.7 and 8 that the informant belongs to Uttrahkand and she is engaged with other boy, who is also resident of Uttrahkhand and after getting such information, the petitioner has found it better not to continue with such relationship. Learned counsel further submitted that there is no allegation of having subjected the informant to any kind of cruelty, leading the informant to commit suicide. In absence of any ingredient of Section 85 of BNSS corresponding to Section 498 of IPC, petitioner, who is having clean antecedent, deserves to be released on pre-arrest bail.

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

6. Having heard the rival submissions made on behalf of the parties, as well, having perused the allegation made in the FIR, I find that in absence of any ingredient of Section 85 of BNSS corresponding to Section 498 of IPC against the petitioner, the petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his 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) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka / Concerned Court in connection with Panjwara P.S. Case No. 46/2025, subject to the conditions as laid down under Section

482(2) of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.

9. It is made clear that the parties are free to settle the matter amicably, if they so desire.

(Purnendu Singh, J)