#Non-Bailable Offences

The Rajasthan High Court has ruled that completion of investigation under the SC/ST Act, combined with the absence of flight risk and the fact that co-accused are already on bail, justifies release even in non-bailable offences. This clarifies that procedural finality and equitable treatment of co-accused can override the presumption of detention under the Act, offering critical relief to accused in prolonged pre-trial custody.

The Rajasthan High Court granted bail to three accused in a BNS case where the investigation confirmed no direct participation in the alleged offense, despite their names appearing in the FIR. This reinforces that mere inclusion in an FIR without concrete evidence of active involvement cannot justify prolonged pre-trial detention, setting a critical precedent for low-level accused in non-bailable offenses.

The Rajasthan High Court has ruled that unconvicted pending cases, no matter their number, cannot justify denial of bail under Section 483 BNSS when the alleged offence is triable by a Magistrate. This reinforces the presumption of innocence and prevents pre-trial detention from becoming punishment by association, directly impacting accused persons in low-gravity criminal cases facing prolonged investigations.

The Bombay High Court has ruled that even non-bailable stalking offences under the Bharatiya Nyaya Sanhita do not automatically bar bail when the accused has no prior criminal record and the conduct, while persistent, lacks physical violence or threat to life. This sets a critical precedent for bail jurisprudence in cyber and emotional stalking cases, affirming that proportionality and personal liberty must guide judicial discretion under BNS.

Allahabad HC grants bail to accused under Arms Act and BNS, noting no injury to police, injury to accused, and no threat to investigation. Conditions imposed to ensure trial integrity.

Rajasthan High Court rules that issuance of a few SIM cards without evidence of proceeds of crime, coupled with clean antecedents, warrants bail under BNSS Section 483. The judgment distinguishes between technical involvement and substantive criminal liability, setting a precedent for bail in cyber fraud cases with peripheral participation.

Rajasthan High Court rules that bail under Section 483 BNSS (439 CrPC) must be granted if trial conclusion is delayed and no flight risk exists, even with prior criminal antecedents. The decision sets a precedent for pre-trial detention in non-capital BNS offences where injuries are non-life-threatening.

Tripura High Court reinforces that arrest in offences punishable by up to 7 years cannot be mechanical, even under stringent laws like POCSO and the Disabilities Act. The ruling mandates judicial scrutiny of arrest necessity, extending Arnesh Kumar principles to hybrid offences and setting a precedent for bail in cases involving serious allegations without custodial justification.

The Meghalaya High Court ruled that Section 35(3) of the BNSS, which mandates prior notice before arrest for offences punishable up to seven years, applies equally to spouses implicated alongside the primary accused. The court emphasized the parity principle, ensuring similar relief for co-accused already granted bail, reinforcing procedural safeguards in non-bailable offences.

Allahabad HC rules that arrests for offences punishable by less than seven years imprisonment are illegal unless BNSS 2023's Section 35(3) safeguards are strictly followed. The court mandated compliance with Arnesh Kumar and Satender Kumar Antil guidelines, reinforcing procedural protections against arbitrary arrests and ensuring natural justice for accused persons.

Karnataka High Court rules that offences under Bharatiya Nyaya Sanhita and Arms Act not punishable by life imprisonment or death must follow bail-as-rule principle, granting relief to a 20-year-old student accused of armed robbery. The judgment reinforces that statutory non-bailability cannot override constitutional bail protections where maximum penalties are lower.

Telangana High Court rules that police must issue a notice and record written reasons before arresting accused in offences punishable by less than seven years under BNSS Section 35(3). The judgment reinforces that arrest is not automatic even during investigation, aligning with the Arnesh Kumar principles to prevent arbitrary detention and uphold due process for non-bailable offences.

High Court of Telangana holds that Section 35(3) BNSS mandates prior notice before arrest in offences punishable under 7 years, aligning with Arnesh Kumar guidelines to prevent arbitrary detention.

Bombay High Court rules that offences under Customs Act cannot be declared non-bailable without explicit statutory provision, reinforcing bail rights under Article 21.

Andhra Pradesh High Court holds that police must follow Section 41A CrPC procedures before arrest for offences punishable by up to five years, reinforcing Arnesh Kumar guidelines to prevent arbitrary detention.