#pre-arrest protection

The Allahabad High Court has ruled that anticipatory bail granted under Section 438 BNSS need not expire upon charge sheet filing and may continue uninterrupted until trial, aligning with the Supreme Court’s binding precedent in Sushila Aggarwal. This reinforces that personal liberty protections are not automatically curtailed by procedural milestones, benefiting accused persons in non-heinous cases with no risk of evidence tampering or flight.

The Andhra Pradesh High Court ruled that accused persons retain the right to pre-arrest bail even when petitions are filed directly in the High Court, emphasizing that arrest must be justified under Article 21. The judgment clarifies that procedural shortcuts do not negate substantive protections under Section 482 CrPC and Section 528 BNSS, impacting bail jurisprudence for accused bypassing lower courts.