Anticipatory Bail Maintainable under BNSS for Gangster Act Case Initiated Before 1 July 2024: Allahabad High Court
🏛️ Case Overview: Tatheer Jafri v. State of U.P.
Court: Allahabad High Court, Lucknow Bench
Case Number: Criminal Miscellaneous Anticipatory Bail Application No. 118 of 2025
Date of Judgment: April 1, 2025
Judge: Justice Manish Mathur
Neutral Citation: 2025:AHC-LKO:18131
⚖️ Legal Issue
The primary legal question addressed was whether an anticipatory bail application under the BNSS is maintainable in a Gangster Act case where the FIR and charge sheet were filed before the BNSS came into force on July 1, 2024, but the apprehension of arrest arose after that date.
📝 Court's Analysis
BNSS Applicability:
The Court noted that the BNSS, which came into effect on July 1, 2024, governs anticipatory bail applications under Section 482. The Court observed that the enactment of BNSS constitutes a fundamental change in the legal framework, justifying fresh consideration of anticipatory bail applications.
Relevance of Apprehension of Arrest:
The Court emphasized that the key factor is the apprehension of arrest. Since the second bailable warrant was issued on July 2, 2024, after the BNSS came into effect, the apprehension of arrest arose under the new legal regime, making the anticipatory bail application maintainable under BNSS.
Supersession of Previous Restrictions:
The Court highlighted that the restrictions on anticipatory bail under the Uttar Pradesh Amendment Act, 2019, which had curtailed the right to anticipatory bail in the state, were impliedly repealed with the enactment of BNSS. The Court referred to its earlier judgment in Raman Sahni v. State of U.P. to support this view.
Merits of the Case:
On the merits, the Court found that only one prior case was cited in the gang chart, and the applicants had earlier been granted interim protection. The Court, therefore, allowed the anticipatory bail application, directing that in the event of arrest, the applicants shall be released on personal bonds and sureties, subject to cooperation in the investigation and other standard conditions.
📚 Supporting Case Law
Raman Sahni v. State of U.P.: The Allahabad High Court held that the restrictions on anticipatory bail under the Uttar Pradesh Amendment Act, 2019, do not survive after the repeal of the CrPC and the enactment of the BNSS. The Court observed that the enactment of BNSS constitutes a fundamental change in the legal framework, justifying fresh consideration of anticipatory bail applications.
✅ Conclusion
The Allahabad High Court's ruling in Tatheer Jafri v. State of U.P. establishes that an anticipatory bail application under the BNSS is maintainable in Gangster Act cases where the apprehension of arrest arises after the BNSS came into effect, even if the FIR and charge sheet were filed before that date. This decision underscores the Court's recognition of the fundamental change in the legal framework brought about by the enactment of BNSS and its implications for the grant of anticipatory bail.
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