MUMBAI, Oct. 8 -- A statutory restriction on granting pre-arrest bail to individuals accused of raping minors is not an absolute prohibition, the Bombay high court said on Wednesday, leaving open a narrow legal avenue for judicial review in cases lacking initial evidence.

Justice MM Nerlikar said Section 482(4) of the Bharatiya Nagrik Suraksha Sanhita (BNSS) does not impose an absolute bar on granting anticipatory bail to persons accused of raping girl below 16 years of age or gang-raping a minor girl.

The bench said the prohibition applies only when a prima facie case is made for the offences punishable under Sections 65 (rape of girl below 16 years of age) or 70(2) (gang rape of minor girl) of the Bharatiya Nyaya Sanhita (BNS).

Secti...