In a defining moment for Indian criminal law, Justice Chandra Dhari Singh of the Allahabad High Court, in his recent ruling, declared that pre-arrest bail is now valid even in serious crimes under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), scrapping the restrictive legacy of the CrPC.
Justice Singh’s verdict isn’t just a technical departure—it’s an emotional reaffirmation that the judiciary is the custodian of liberty. In doing so, the court held fast to its duty: to protect citizens from outdated legal rigidity and allow law to grow with the society it serves.
BREAKING FREE FROM CRPC’S SHACKLES
The colonial-era Code of Criminal Procedure had long prevented courts from granting anticipatory bail in cases involving death or life imprisonment. However, with BNSS 2023 taking effect on July 1, 2024, this outdated constraint has been intentionally omitted. Justice Singh called this omission a deliberate and meaningful legislative decision.
His words echoed more than legal interpretation—they were a call for compassion. “Law must walk hand-in-hand with the people it governs,” the court seemed to say. The judgment reinstates anticipatory bail not merely as a statutory remedy but as a constitutional right tied to dignity, fairness, and freedom.
THE CASE THAT STIRRED THE SHIFT: ABDUL HAMEED’S LEGAL FIGHT
At the centre of this judicial milestone was Abdul Hameed—a man entangled in the long shadows of a 2011 murder allegation. Though he was never charge-sheeted during the investigation, he was later summoned to stand trial. When Hameed sought anticipatory bail in 2023, it was dismissed solely due to the bar imposed by the CrPC’s Section 438(6), amended by Uttar Pradesh in 2019.
Denied justice not on merit but due to an obsolete clause, Hameed’s plea was shut down by the system he turned to for protection.
A NEW LEGAL ERA BEGINS
But everything changed on July 1, 2024. The BNSS replaced the CrPC, and with it, the rigid prohibition under Section 438(6) was no longer applicable. Under BNSS, anticipatory bail now falls under Section 482—a provision that makes no such exclusion for serious crimes.
Recognizing this transformation, Hameed approached the High Court once again in March 2025, following the Sessions Court’s dismissal of his fresh plea. This time, however, he wasn’t battling the old law—he was standing on new constitutional ground.
COURT’S FIRM STAND: LAW HAS CHANGED—SO MUST JUSTICE
Justice Singh acknowledged the state’s argument: that since the offence took place in 2011 and the charge sheet was filed under the CrPC regime, BNSS shouldn’t apply. But the court firmly rejected this reasoning.
“The legal framework has undergone a material transformation,” Justice Singh wrote. Any application filed after July 1, 2024, must be viewed under the lens of the BNSS, regardless of when the crime occurred or when cognizance was taken. It was a bold declaration that laws apply not backwards, but forward in spirit.
NOT A SECOND ATTEMPT, BUT A FRESH OPPORTUNITY
Hameed’s first bail plea had been rejected only due to a statutory bar, not because he lacked a case. With the bar now eliminated, the court found that his fresh plea deserved complete reconsideration.
The High Court clarified that when a new law removes a legal barrier, the previous dismissal cannot stop the applicant from seeking fresh judicial relief. Hameed wasn’t retrying his luck—he was responding to a changed legal landscape.
SETTING PRECEDENT: DEEPU & ORS VS STATE OF UTTAR PRADESH
Justice Singh’s ruling didn’t stand in isolation. He drew strength from a consistent legal position, highlighting the 2024 ruling in Deepu & Ors vs State of U.P., which held that anticipatory bail applications filed after July 1, 2024, fall squarely under the BNSS.
This continuity builds a bridge between evolving legislation and judicial interpretation, ensuring that relief isn’t denied based on when an offence happened but when justice is sought.
CONSCIOUS LEGISLATIVE SHIFT
The court underlined that the omission of the anticipatory bail bar from Section 482 of BNSS wasn’t accidental. Parliament had deliberately chosen to leave behind the restrictive amendments made to the CrPC by the Uttar Pradesh government in 2019.
“The absence of such a bar,” the court observed, “assumes even greater significance when viewed in contrast with its explicit inclusion in the earlier state amendment.” It was a subtle yet powerful acknowledgement of Parliament’s intention to liberalize and humanize bail laws.
TRANSFORMING LEGAL NORMS WITH HUMAN VALUES
The verdict stands tall not just as a legal document, but as a philosophical stance. The court noted that BNSS has created “materially changed circumstances, both in law and fact,” that warrant a fresh and fair look at bail applications.
Calling it a “fundamental change in the legal framework,” the court dismantled the very ground on which Hameed’s original plea had been rejected. The legal system, it emphasized, must not only dispense rules—it must administer justice.
IMPACT BEYOND ONE MAN: A RIPPLE ACROSS INDIA
Though born from a single case, this judgment’s implications could reach across courts and states. By striking down procedural obstacles for those accused of grave offences, the Allahabad High Court has expanded access to justice for many who remain trapped in pre-trial uncertainty. This ruling brings a ray of hope and relief to the accused and their families, who were previously disqualified from pre-arrest protection due to stringent laws.
Hundreds of undertrial individuals, who were previously disqualified from pre-arrest protection due to stringent laws, may now find the path to relief reopened. This transformative shift could have a significant impact on criminal law jurisprudence in Uttar Pradesh—and ultimately, the entire nation. The ruling paves the way for a more just and equitable legal system, instilling optimism for the future of criminal law in India.
ECHOES OF AN EVOLVING JUDICIARY
More than the text of the ruling, it is its tone that resonates: deliberate, compassionate, and deeply conscious of a judiciary’s role in a democratic society. The court didn’t just interpret BNSS; it embraced its spirit. With clarity and compassion, the ruling offers a quiet but firm reassurance that the judiciary remains anchored in justice, not rigidity. Justice Singh’s words serve as a stirring reminder that when both the law and the lives it touches evolve, the courts must evolve too. His message mirrors the hope of a transforming India, where justice is not just a tool for punishment, but a refuge for the innocent and unheard.
UPHOLDING THE 2023 BNSS SPIRIT
In reaffirming that BNSS governs all anticipatory bail applications filed after its enforcement date, the court has ensured a consistent transition between legal codes. It extinguishes the ambiguity many feared and reestablishes clarity where law meets life.
“The court underlined that the omission of the anticipatory bail bar from Section 482 of BNSS wasn’t accidental. Parliament had deliberately chosen to leave behind the restrictive amendments made to the CrPC by the Uttar Pradesh government in 2019”
VERDICT OF HOPE
Justice Singh’s ruling in Hameed’s case is more than legal commentary—it is a call to conscience. In lifting the bar on anticipatory bail for serious offences under BNSS 2023, the Allahabad High Court hasn’t just followed the letter of the law—it has honoured its soul.
This verdict goes beyond procedural reform—it rekindles public trust. It sends a clear message to every citizen: the judiciary hears you, grows with you, and fiercely protects your freedom. As India steps into the BNSS era, this isn’t just a legal milestone—it’s a vow of justice, honored.
