Discharge Plea Can Be Filed Without Obtaining Bail; Accused Can Seek Exemption From Appearance U/S 355 BNSS: Allahabad High Court

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Published 4 November 2026

Case: Not specified in source
Court: Allahabad High Court
Bench: Not specified in source
Citation: Not specified in source
Statutes: Bharatiya Nagarik Suraksha Sanhita, 2023 — s.355
Source: LiveLaw

Bottom Line Up Front (BLUF)

The Allahabad High Court held that an accused can file a discharge plea without first obtaining bail. The Court also stated that an accused can seek exemption from personal appearance under Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) on cogent grounds.

Ratio Decidendi · Legal Principle Established

An accused person has the right to file a discharge application without being required to first obtain bail. Additionally, an accused can seek exemption from personal appearance under Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) if cogent grounds are presented to the court.

Practice & Procedural Impact for Advocates

Advocates can advise clients to file discharge applications even if they have not yet secured bail. Litigants can seek exemption from personal appearance under BNSS s.355 by providing valid reasons to the court, which may reduce the burden of frequent court visits.

Key Legal Takeaways

1Bail is not a prerequisite for filing a discharge application.
2Accused persons can seek exemption from personal appearance.
3Exemption from appearance requires cogent grounds under BNSS s.355.

The Legal Issue The Allahabad High Court addressed two key procedural questions: whether an accused must first obtain bail before filing a discharge application, and under what circumstances an accused can be exempted from personal appearance in court. These issues are crucial for the efficient functioning of criminal proceedings and for protecting the rights of the accused.

Court's Reasoning The Allahabad High Court clarified that there is no legal mandate requiring an accused to obtain bail as a precondition for filing a discharge application. This means an accused can move for discharge at an appropriate stage of the proceedings, irrespective of their bail status. Furthermore, the Court held that an accused can seek exemption from personal appearance under Section 355 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Such an exemption can be granted if the accused provides cogent and satisfactory grounds to the court, allowing for flexibility in attendance while ensuring the judicial process continues.

What Follows This ruling clarifies that an accused can pursue a discharge plea without first securing bail. It also confirms that courts can grant exemptions from personal appearance under BNSS s.355 if valid reasons are presented. Counsel should note that for new proceedings, both the BNSS and the CrPC provisions should be cited, and confirmation sought regarding which applies, as per BNSS s.531(2)(a).