The Allahabad High CourtĀ granted anticipatory bail to 78-year-old Abdul Hameed, who was summoned in a 2011 murder case but was initially not charge-sheeted. The application was allowed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, despite an earlier rejection under Section 438(6) of the CrPC, which barred anticipatory bail in offences punishable with death or life imprisonment in Uttar Pradesh.
Justice Chandra Dhari Singh noted that the BNSS has repealed the CrPC, and unlike the CrPC (with its State amendment in UP), the BNSS does not include a similar prohibition. This, coupled with the applicantās advanced age, medical condition, lack of prior criminal history, and material changes in law and circumstances, justified granting relief.
The Court held that the earlier rejection based solely on the statutory bar under the CrPC had lost its legal foundation after the BNSS came into effect on 1 July 2024. It also noted that the police investigation had found the allegations false, and the applicant was later summoned under Section 319 CrPC based on testimony inconsistent with earlier evidence.
Citing settled jurisprudence on beneficial legislation and retrospective application of procedural laws, the Court ruled that the applicant was entitled to seek anticipatory bail under the new regime.
Accordingly, anticipatory bail was granted subject to conditions including a personal bond of ā¹1,00,000, surrendering of passport, restricted travel, and regular appearance before the trial court.
Counsel for Applicant :- Pradeep Kumar Rai,Prakhar Saran Srivastava
Counsel for Opposite Party :- G.A.
Read OrderĀ
