Case Law Analysis
|Bombay High Court
BNS Sections 333, 78, 126(2), 351(4) | Bail Granted in Stalking Cases Despite Non-Bailable Status, No Prior Record, and Non-Violent Nature : Bombay HC
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.