Approaching HC For Bail U/S 483 BNSS Without Approaching Trial Court Unnecessarily Burdens HC: J&K High Court

Criticising the growing trend of directly approaching the High Court for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 the Jammu and Kashmir and Ladakh High Court has observed that bypassing the trial courts in such matters not only burdens the High Court but also disregards the legal protocol, where such petitions should typically be first addressed by the courts below. “This Court is of the opinion that a petition in terms of Section 483 BNSS corresponding to Section 439 of the repealed Code shall normally be filed, if needed, by either side as a successive one after the disposal of the first application by a competent court”, observed Justice Mohammad Yousuf Wani. A compelling justifiable ground or a circumstance should be made out for directly approaching the High Court or a court of Sessions under Section 483 BNSS for grant or cancellation of bail”, Justice Wani made these observations while hearing a bail application stemming from a financial scandal involving the misappropriation of funds at the Sub-Treasury Reasi. Observing that there was nothing on record to suggest that the petitioner, if admitted to bail, will jump over the concession and misuse the same by attempting to influence the prosecution witnesses or by absconding at the trial the court stated, “In the opinion of the Court, the guiding factors/underlying principles that have been from time to time evolved by the Hon'ble Apex Court and various High Courts of our Country including this Court for consideration of a bail application jointly or severally do not justify the denial of bail to the petitioner/accused in the given facts of the case especially the accusation to his extent” In consonance with these considerations the petition was allowed and the petitioner/accused was admitted to bail.