How to Protect from Bail in Criminal Cases – Himachal Pradesh (Under BNSS, 2023)
- Advcoate Puneet Thakur
- Sep 20
- 4 min read
Bail in Criminal Cases plays a crucial role in safeguarding personal liberty while ensuring justice. In Himachal Pradesh, courts follow the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, which modernizes the previous CrPC framework. The law provides clear provisions for granting bail while balancing societal interests.
Statutory Basis (BNSS Provisions)
The following provisions in BNSS, 2023 correspond to CrPC’s bail framework for Bail in Criminal Cases:
Section 478 BNSS – Bail in bailable offences (corresponds to S. 436 CrPC).
Section 479 BNSS – Bail in non-bailable offences (corresponds to S. 437 CrPC).
Section 480 BNSS – Anticipatory bail (corresponds to S. 438 CrPC).
Section 481 BNSS – Powers of High Court or Sessions Court to grant bail (corresponds to S. 439 CrPC).
Section 482 BNSS – Special powers in respect of bail (conditions, sureties, modification).
Section 187 BNSS – Default bail for failure to file charge-sheet within statutory time (60/90 days).
Thus, the principles remain largely the same as CrPC, but BNSS language modernises and simplifies some provisions.
Types of Bail under BNSS
Regular Bail – Post-arrest bail; moved under Sections 478–481 BNSS.
Anticipatory Bail – Pre-arrest protection; Section 480 BNSS (discretionary, Sessions Court / High Court).
Default Bail – Section 187 BNSS; right to bail if investigation report not filed in prescribed time.
Interim Bail – Granted temporarily pending disposal of bail application (judicial practice continues under BNSS).
Courts Empowered in Himachal Pradesh
Judicial Magistrates – May grant bail in bailable offences; limited powers in non-bailable ones.
Sessions Courts (Mandi, Kullu, Kangra, Shimla, etc.) – Wider powers under Section 481 BNSS.
High Court of Himachal Pradesh (Shimla) – Concurrent jurisdiction with Sessions Court; final forum for Bail in Criminal Cases reliefs.
Local Practice & Trends in Himachal Pradesh
(a) NDPS Bail
Governed by Section 37 NDPS Act, read with BNSS provisions.
HP High Court is cautious in commercial quantity cases; bail usually requires showing procedural lapses (illegal search, absence of Section 50 compliance, doubtful recovery).
In small/intermediate quantity cases, bail is relatively easier if the accused has no prior antecedents.
(b) Serious IPC/BNS Offences
Murder, rape, dacoity, POCSO, etc. – bail is rare at Magistrate level; usually pursued before Sessions/High Court.
Courts balance gravity of offence with presumption of innocence.
(c) Local Considerations
Courts in Himachal often emphasise:
Risk of absconding (due to proximity to Punjab, Haryana, J&K).
Risk of tampering with local witnesses (village-based disputes).
Drug menace in hill districts (Kullu, Mandi, Kinnaur) – stricter scrutiny.
Grounds for Bail under BNSS
When granting Bail in Criminal Cases, HP courts examine:
Nature and gravity of accusation.
Prima facie evidence collected.
Antecedents (previous convictions).
Possibility of absconding or influencing witnesses.
Health/age of accused (medical grounds often considered in Himachal).
Parity with co-accused already granted bail.
Procedure for Bail
Application Drafted – Citing Sections 478–482 BNSS (or 480 BNSS for anticipatory).
Filed Before Court – JMFC / Sessions / High Court depending on case.
Notice to State – Public Prosecutor heard.
Hearing – Accused’s counsel argues; State opposes.
Order – Court may grant bail with conditions such as:
Surety bond (₹25,000–₹2,00,000 depending on gravity).
Marking presence at Police Station.
Not leaving Himachal without permission.
No contact with witnesses.
Also Read:- Find a Skilled Advocate for Fast Bail & Defense
Judicial Trends in Himachal Pradesh under BNSS
High Court of HP (Shimla) continues to apply the principle: “Bail is the rule, jail the exception”, except where barred by special statutes (NDPS, POCSO).
Anticipatory bail (S. 480 BNSS) – Courts are strict in sexual offences & corruption cases, but liberal in matrimonial disputes, property disputes, and politically motivated FIRs.
Default bail – HP courts have upheld it as an absolute right, irrespective of seriousness of offence, if charge-sheet is delayed.
Role of Advocates in Bail Matters
Drafting: Strong reliance on BNSS sections; highlighting contradictions in FIR, absence of recovery, delay in trial.
Strategy: Seeking interim bail pending State reply; pressing for default bail if investigation time lapses.
High Court Practice: Advocates often cite Supreme Court & HP High Court precedents (e.g., Arnesh Kumar guidelines for arrest, proportionality).
Conclusion
Bail in Criminal Cases in Himachal Pradesh under BNSS remains guided by long-standing principles of liberty vs societal interest.
Bailable offences → bail is a right (S. 478 BNSS).
Non-bailable offences → bail is discretionary (S. 479–481 BNSS).
Anticipatory bail → available under S. 480 BNSS (though cautiously in heinous crimes).
Default bail → statutory right under S. 187 BNSS.
The local reality of NDPS cases, property disputes, and rural social fabric makes Bail in Criminal Cases advocacy in Himachal a strategic exercise, requiring precise drafting, reliance on BNSS provisions, and persuasion on facts.
FAQs on Bail in Criminal Cases
Q1. What does Bail in Criminal Cases mean in Himachal Pradesh?
It refers to court-granted liberty under BNSS, 2023, allowing an accused to remain free during trial.
Q2. Which sections of BNSS cover Bail in Criminal Cases?
Sections 478–482 and 187 BNSS cover bail provisions in Himachal Pradesh.
Q3. Can anticipatory bail be obtained in Himachal Pradesh?
Yes, under Section 480 BNSS, but courts apply it cautiously in heinous crimes.
Q4. What is default bail under BNSS?
Default bail, under Section 187 BNSS, is a statutory right if the charge-sheet is not filed within 60/90 days.
Q5. Which courts handle Bail in Criminal Cases in Himachal Pradesh?
Judicial Magistrates, Sessions Courts, and the High Court of Himachal Pradesh handle bail matters.
