High Court Grants Absolute Pre-Arrest Bail to Arif Ali Khan in Safakadal Case

Jammu and Kashmir High Court affirms interim bail, ensuring trial participation without custody

In a significant legal development, the Jammu and Kashmir High Court has granted absolute pre-arrest bail to Arif Ali Khan in connection with FIR No. 39/2025 filed under various sections of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023. The decision, delivered by Justice Mohd Yousuf Wani on October 6, 2025, underscores the court's commitment to upholding the principles of justice while ensuring the accused's participation in the legal process without the necessity of custody.

The case originates from an FIR registered at the Safakadal Police Station, citing offenses under Sections 308(4), 329(a), 351(2), and 74 of the BNSS. Initially, the court had granted interim pre-arrest bail to the petitioner, Arif Ali Khan, on June 5, 2025. The petitioner, represented by Advocate Mr. Taha Khaleel, sought to make this bail absolute, arguing that requiring him to apply for regular bail post the filing of the charge sheet would undermine the purpose of pre-arrest bail as intended by Section 482 of the BNSS.

The High Court's decision was influenced by established legal precedents, notably the Supreme Court rulings in "Siddharam Satlingappa Mhetre v. State of Maharashtra" and "Susheela Aggarwal v. State (NCT) Delhi," which articulate the significance of pre-arrest bail in safeguarding individual liberty and preventing unnecessary detention.

Justice Wani emphasized that since the trial has already commenced, there is no requirement for Khan's custody, especially given the non-serious nature of the offenses under the FIR, which do not invoke the restrictions of Section 480 of the BNSS. The court affirmed that the personal and surety bonds previously furnished would remain in effect until the trial's conclusion.

The court also imposed conditions on the petitioner to ensure compliance with judicial proceedings. Khan is required to remain punctual during the trial, avoid tampering with prosecution evidence, refrain from committing any further offenses, and seek permission before leaving the territorial limits of the Union Territory of Jammu and Kashmir.

This judgment reflects the court's endeavor to balance the rights of the accused with the imperatives of justice, allowing Khan to participate in his defense without the constraints of custody.

Bottom Line:

Pre-arrest bail granted in case FIR No. 39/2025 under Sections 308(4), 329(a), 351(2), and 74 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on grounds that the purpose of pre-arrest bail would be defeated if directed to seek regular bail post filing of the charge sheet.

Statutory provision(s): Sections 308(4), 329(a), 351(2), 74, 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023

Arif Ali Khan v. Union Territory, (Jammu and Kashmir)(Srinagar) : Law Finder Doc Id # 2797702