Court emphasizes adherence to procedural rules for bail applications under Bharatiya Nyaya Sanhita, 2023
In a significant ruling, the Allahabad High Court, presided over by Justice Harvir Singh, granted bail to Nafees Alias Mohammad Nafees, who was accused in a case involving early pregnancy loss under the Bharatiya Nyaya Sanhita, 2023. The decision was made despite the applicant's suppression of a criminal history involving five pending cases.
The court noted the absence of external injuries on the victim and the lack of intention to cause specific bodily harm, which influenced the granting of bail. The judgment highlighted that the alleged pregnancy loss was not within the applicant's knowledge and thus negated the intention required for the charges under Section 91 of the Bharatiya Nyaya Sanhita, 2023.
Justice Singh emphasized the importance of following the procedural rules for bail applications, as laid out in the Allahabad High Court (Amendment) Rules, 2025. The judgment underscored the necessity for applicants to disclose any criminal history in their bail applications. The court directed that judicial officers include the criminal history of accused persons in a tabular form within bail orders to ensure transparency and facilitate informed decisions.
The court also instructed the State prosecution to provide accurate criminal history details during bail hearings and mandated that any failure to do so be reported to administrative authorities. The decision aims to strengthen the legal process and ensure that all relevant information is considered during bail proceedings.
The applicant, Nafees, was ordered to be released on bail upon furnishing a personal bond with two sureties, subject to conditions including non-tampering with prosecution evidence, cooperating with the trial, and refraining from any criminal activity. The court warned that any breach of these conditions could lead to the cancellation of bail.
This ruling serves as a reminder of the judiciary's commitment to balancing the rights of the accused with the need for procedural compliance and transparency in legal proceedings.
Bottom Line:
Bail granted to an accused under Bharatiya Nyaya Sanhita, 2023, despite suppression of criminal history, considering lack of intention to cause specific bodily injury and absence of external injuries, with directions to follow procedural rules for bail applications.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 - Sections 115(2), 351(3), 352, 91; Allahabad High Court (Amendment) Rules, 2025
Nafees Alias Mohammad Nafees v. State of U.P., (Allahabad) : Law Finder Doc id # 2878716
