Criminal Procedure Code, 1973—Section 439—Constitutional Law—Article 21—Bail Grant—Bail and Personal Liberty—Supreme Court granted bail during the pendency of the High Court application due to repeated adjournments (43 occasions) in a matter of personal liberty, where the petitioner had been incarcerated for over three and a half years—The Court emphasized that matters involving personal liberty must be dealt with expeditiously, condemning excessive adjournments by the High Court, and granted bail subject to the Trial Court’s satisfaction. (Paras 5 to 8) ...

A. Unlawful Activities (Prevention) Act, 1967—Sections 18, 18-A, 18-B, 19, 20, 38, 39—Penal Code, 1860—Section 120-B—Bail Grant—The grant of bail to Accused No.11 was affirmed—The entity with which the accused was affiliated was not listed as a proscribed organisation under the UAPA—No prima facie case could be established against the accused under the charged provisions—Additionally, the prolonged pendency of the trial proceedings was taken into account—The Supreme Court declined to interfere with the High Court’s decision granting bail. (Paras 8–10) B. Unlawful Activities (Prevention) Act, 1967—Sections 18, 20, 39—Penal Code, 1860—Section 120-B—Bail Refusal—Bail was denied to Accused No.20, and the decision was upheld—Material o...

A. Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Penal Code, 1860—Section 302—Grant of Bail in Heinous Offences—Where the High Court granted bail to an accused charged with serious offences including abduction, grievous assault, and murder, the Supreme Court set aside the order noting failure to consider material factors—The High Court's reasoning lacked assessment of the gravity of the offence, the accused’s influential status, absconding conduct during investigation, and likelihood of tampering with evidence or influencing witnesses—The order was held to be mechanically passed without proper application of mind—Liberty granted to accused to apply afresh on change in circumstances. (Paras 15–27) B. Code of Criminal Procedure, 1973—Section 439—Param...

(A) Code of Criminal Procedure, 1973 Section 439 — Strictures Against Judicial Officer for Granting Bail — High Court’s Powers and Judicial Discipline — Held : The Supreme Court held that the High Court’s adverse remarks and strictures against a Judicial Officer for granting bail to an accused with criminal antecedents were uncalled for and accordingly expunged — The Court emphasized that judicial officers, while discharging their duties, may commit errors in judgment, but such errors must be dealt with through administrative channels — High Courts should refrain from making derogatory comments on the personal conduct, capability, or integrity of subordinate judicial officers in judicial orders — If any misconduct is suspected, the officer must be given an opportunity to explain th...

Penal Code, 1860—Sections 302, 336, 427 read with Section 34—Denied bail by the High Court on 11.11.2024—Having been in custody since 27.05.2024, the petitioner had completed over one year of incarceration—Despite opposition by the State, considering the length of detention and case circumstances, the Supreme Court granted bail, directing release on usual terms—The Special Leave Petition is disposed of accordingly, along with pending applications. ...

Narcotic Drug and Psychotropic Substances Act, 1985, Sections 15, 21, 25 & 29—Bail—Extended Custodial Period—Bail Granted on Grounds of Incarceration and Other Factors—The petitioner, accused under Sections 15, 21, 25 & 29 of the NDPS Act, challenged dismissal of bail by the High Court—Having undergone over two years and four months in custody, and considering all relevant factors, this Court held that bail is justified—The petitioner is directed to be released on bail subject to usual terms and conditions as determined by the trial court—The special leave petition is disposed of accordingly along with any pending applications. ...

Bharatiya Nyaya Sanhita, 2023, Sections 118(1), 127(4), 137(2), 351(2), 352, 54, 64 & 96—Protection of Children from Sexual Offences Act, 2012, Sections 12, 10, 17, 4 and 8—Prohibition of Child Marriage (Karnataka Amendment) Act, 2016, Sections 9, 10 and 11—Regular Bail—Sexual Offences—Govt—Servant—No Criminal Antecedents—Custody Not Warranted—Accused No.4, a government servant police constable, charged under various provisions including POCSO Act and Prohibition of Child Marriage Act, was in custody since arrest—The primary allegation of penetrative sexual assault was against another accused, while the petitioner was implicated for forcibly bringing the victim back and threatening her—Considering the petitioner’s clean antecedents, custodial detention was he...

Criminal Procedure Code, Section 439 — Successive Bail Application — Accused charged under Sections 302, 307, 504 IPC — Earlier bail rejected — Material witnesses turned hostile — Accused in judicial custody for nearly two years — No criminal antecedents — Trial yet to progress substantially with only 5 out of 47 witnesses examined — Likelihood of protracted trial — Risk of tampering with witnesses addressed by imposing strict bail conditions — Bail granted with conditions including personal bond, regular attendance, prohibition on witness tampering and travel restrictions — No opinion expressed on merits of case. Result : Bail granted. ...

Criminal Procedure Code, 1973, Section 439—Bail Granted—Money Laundering—Twin Conditions under Section 45 PMLA—In this case, the petitioner, a former President of Shivamogga District Co-operative Central Bank, sought regular bail under Section 439 CrPC in ECIR/BGO/05/2021, arising from proceedings under Section 4 of the Prevention of Money Laundering Act, 2002 (PMLA), pending before the Principal City Civil & Sessions Judge, Bengaluru—The petitioner was alleged to have derived proceeds of crime in connection with multiple predicate offences including FIR Nos. 325/2014 (IPC offences) and 4/2014 (Prevention of Corruption Act). Prevention of Money Laundering Act, 2002, Section 24—The High Court noted that the predicate offence in Crime No. 325/2014 initially did not name the petitioner in the c...

Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12—Bail for juvenile—Grant of Bail to Juvenile Below 16 Years on Circumstantial Evidence—Leave granted—The appeal arises against the Chhattisgarh High Court’s rejection of bail under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015—The appellant was admittedly below 16 years at the time of the alleged offence and has been in a protection home for over 16 months—The case is based on circumstantial evidence—The respondent did not dispute the appellant’s age or detention period—Considering the statutory provisions and the facts, the Supreme Court held that the appellant is entitled to bail under Section 12 of the Act—Bail is granted on such terms as the Juvenile Justice Board de...

Penal Code, 1860, Section 376 — Protection of Children from Sexual Offences  Act, 2012, Sections 3 and 4 — Grant of Bail in POCSO — Held — In the bail application filed by the applicant in FIR No. 213 of 2021, the Court considered the applicant's continued judicial custody and the examination of witnesses — The applicant is accused under Section 376 IPC and Sections 3 and 4 of the POCSO for allegedly attempting sexual assault on a minor victim — While the medical evidence was inconclusive and witness PW6, Malti, did not fully support the prosecution's case, the victim's statement regarding the incident was not entirely undermined — Despite the trial being prolonged with only 8 witnesses examined, the Court noted the applicant's prolonged custody of nea...

Indian Penal Code, 1860, Sections 420, 467, 468, 471, 201 and 120B—Chhattisgarh Gambling (Prohibition) Act, 2022, Sections 4, 7, 8 and 11—Public Gambling Act, 1867, Section 4A—Prevention of Corruption Act, 1988, Sections 7 and 7A—Bail—Police Constable—Serious Offences—Long Incarceration—Supreme Court Relief—In an appeal arising from denial of bail, the Supreme Court granted relief to a Police Constable accused in Crime No. 6/2024 involving serious offences under the IPC, Chhattisgarh Gambling (Prohibition) Act, Public Gambling Act, and Prevention of Corruption Act—Taking note of his one-year incarceration and low flight risk, the Court allowed the appeal and set aside the High Court’s order—Bail was granted subject to conditions imposed by the Trial Court—T...

Criminal Procedure Code, 1973 Bail — Accused of Abduction — Mala fide Implication — Petitioner alleged to have been falsely implicated in abduction case—The abductee was recovered and was neither in petitioner’s possession nor control — Bail granted on personal bond of Rs. 25,000/-, with conditions to cooperate in investigation, refrain from threatening witnesses, and avoid tampering with evidence.( Paras 1 - 3) Result : Interim bail granted.   ...

Criminal Procedure—Bail—Parity and Delay in Trial—The Supreme Court granted bail to the petitioner, who had been in custody since 04.08.2020, considering the prolonged detention, the fact that a co-accused was already on bail since 26.11.2021, and the anticipated delay in trial—Bail was granted in connection with Crime No. 61 of 2020 registered at Police Station Singhoda, District Mahasamund, Chhattisgarh, subject to conditions imposed by the Trial Court—The special leave petition was disposed of. Result : Bail granted ...

(A) Bharatiya Nyaya Sanhita, 2023 Sections 296, 115(2), 126(2), 103, 3(5) SC/ST (Prevention of Atrocities) Act, 1989 Section 3(2)(v)—Bail—Woman Accused—Role Differentiation—Prolonged Custody—The Court considered a bail application filed by a woman accused who had been in custody for 11 months—As per the FIR, the fatal injury was attributed to a co-accused, and not to the petitioner—Taking into account her prolonged incarceration, her gender, and the specific role assigned in the FIR, the Court was inclined to grant bail—The decision reflects the principle of role differentiation and the need to ensure fairness in pre-trial detention, particularly in cases involving women. (Paras 4 - 5) (B) Criminal Procedure Code, 1973—Bail—Woman accused directed to be released on bail upon fu...

Bail — Medical Grounds — Consideration of Medical Reports and Prison Facilities — The petitioner sought bail on medical grounds — The Supreme Court declined to grant bail after reviewing the medical report from AIIMS dated 15.03.2025, which did not justify bail — The Court issued notice to the respondent to examine the feasibility of providing physiotherapy and related medical facilities available in Tihar Jail-3 to the petitioner, who is currently lodged in Tihar Jail-1 — The decision underscores the Court’s balanced approach in bail applications based on health, emphasizing prison authorities’ responsibility to ensure adequate medical care for inmates without necessarily granting bail. HELD: Bail denied on medical grounds; medical report from AIIMS considered; directive to prison a...

Negotiable Instruments Act, 1881 Section 138 — Dishonour of Cheque — Conviction — Suspension of Sentence — In a case of dishonour of cheque under Section 138 of the Negotiable Instruments Act, the accused was convicted by the High Court, which reversed the acquittal granted by the Trial Court — The dishonoured cheque was issued in 1999 for an amount of ₹20 lakhs — The Supreme Court, while entertaining the petition, directed that the impugned judgment be suspended and bail granted to the petitioner, subject to the condition that 50% of the cheque amount (after adjusting any amount already deposited) be deposited within six weeks. HELD: Conviction stayed and bail granted subject to deposit of 50% of the cheque amount within six weeks. Result: Bail Granted. ...

Protection of Children from Sexual Offences Act, 2012 , Sections 3, 5(n)—Bail Granted—Alleged Relationship Between Adult Woman and Minor Boy—No Evidence of Coercion or Manipulation—Victim Consensual and Aware—Applicability of Section 3 and 5(n) Not Made Out—Trial Court's Conviction Suspended — Appellant, a 30-year-old woman, was convicted under Section 5(n) of the POCSO Act for alleged sexual assault on a 16–17-year-old boy — The Court observed that Section 3 (penetrative sexual assault) requires proof of coercion or inducement by the accused, and no such material or victim statement supports these elements — The victim appeared mature, admitted consensual relationship, and accepted paternity of the child — The Court found Section 5(n)’s application questiona...

(A) Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94(2), Sections 15 and 18(3)—Juvenile Justice—Determination of Age and Trial of Juvenile for Heinous Offences—In matters concerning juvenility, the Supreme Court reiterated that the date of birth recorded in a school certificate or a birth certificate issued by a municipal authority is conclusive for determining the age of the accused—An ossification test or other medical examination may be relied upon only when such documentary evidence is unavailable or found to be unreliable—In cases involving heinous offences allegedly committed by a juvenile, the Juvenile Justice Board is required to conduct a preliminary assessment under Section 15 of the Juvenile Justice (Care and Protection of Children) Act, 2015—This assessment must ...

Protection of Children from Sexual Offences Act, 2012, Section 7, 16,17, 3(b), 4(2) — Penal Code, 1860,  Section 363, 366A, 376(3), 34 — Bail — Appreciation of Evidence — Lack of Specificity as to Place of Incident — Held — Bail granted to appellant convicted under POCSO Act — Victim’s statement lacked clarity on place of incident; admitted travel on public road, motorcycle, and public bus — No specific place of seclusion identified — Doctor’s report recorded no signs of penetrative assault; hymen intact; no injuries found — Forensic evidence also negated allegation of penetrative sexual assault — On such facts, even if victim’s version is accepted, alleged act would fall under Section 7 (sex...

Bail given. (A) Criminal Procedure Code, 1973, Section 389 — Bail during pendency of Appeal by prisoner — Criminal Appeals pending since many years and the present appeals are not likely to be heard within a reasonable period — The appellants have already undergone a significant portion of their sentences. (Para 12) (B) Penal Code, 1860, Sections 376D, 363, 366, 342 — 120B and 506 — Bail Granted After Long Incarceration — Gang Rape Conviction — Appellants convicted — Sentenced to rigorous imprisonment up to twenty years — Appeal pending since 2016/2020 — Bail earlier rejected multiple times — Prosecution case based on minor’s allegation of gang rape — Defence raised issues regarding lack of medical evidence — absence of forensic confirmation &md...

Bail granted. Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8, 20, 60 — Bail application — Narcotics drugs case — Heard learned counsel for the parties and perused the material available on record — Perusal of Rule 10 (1) would reveal that one sample in duplicate shall be drawn from each packet and container seized in the present case in total 10 packets were seized from the applicant but no sample was taken from each of these 10 packets — Clause 3 of the Rule 10 would come into play on when after taking the sample from each packet seized then only when the contents of the packets and bunch together in lots — Thereafter, sample is to be drawn from a particular lot — Thus, the procedure prescribed of the drawing sample is envisaged under Rule 10 (i) and 10 (ii) was not complied ...

Criminal Procedure Code, 1973, Section 439 — Penal Code, 1860, Sections 363, 366A, 376D — Protection of Children from Sexual Offences Act, 2012, Sections 5(g)/6 — Bail Granted  — Material Contradictions and Evidentiary Gaps — Where the prosecution case suffers from serious inconsistencies, including absence of test identification parade despite unfamiliarity of victim with accused, lack of corroborative medical evidence indicating recent or forceful sexual activity, and contradictions in the victim’s own statement regarding restraint and coercion, the Court held that continued incarceration was not justified — Prosecution witness also admitted the victim had a habit of leaving home voluntarily, raising doubt about the claim of forcible abduction — Independent witnesses di...

Criminal Procedure Code, 1973—S. 439—Penal Code, 1860—Ss. 363, 311, 370(5)—Broad Principles for Grant of Bail—Referred to various precedents—The sacrosanctity of liberty is paramount in a civilised society—However, in a democratic body polity which is wedded to the rule of law an individual is expected to grow within the social restrictions sanctioned by law—The individual liberty is restricted by larger social interest and its deprivation must have due sanction of law—In an orderly society an individual is expected to live with dignity having respect for law and also giving due respect to others' rights—It is a well-accepted principle that the concept of liberty is not in the realm of absolutism but is a restricted one—The cry of the collective for justice, its desire ...

Code of Criminal Procedure, 1973, section 100—Narcotic Drugs and Psychotropic Substances Act,1985, Section 50 , Section 41, Section 42 or Section 43, 8/20—Indian Penal Code, Section 174-A—Bail granted—The present order deals with the bail application of Noor Alam, who is involved in a criminal case—The Court, after reviewing the arguments and material on record, noted non-compliance with the provisions of Section 50 of the Act, 1985 and Section 100 of the Cr.P.C., which could vitiate the trial—Despite these concerns, the Court observed the nature of the accusation, severity of punishment, and reformative theory of punishment, along with the larger mandate of Article 21 of the Constitution of India—Without commenting on the merits of the case, the Court concluded that the applicant was entitled to ...

Bail granted. Penal Code, 1860 (IPC)—S.302 , S.364—Constitution of India, Article 136—Bail pending Criminal appeal—Considering the facts and circumstances of the case and material placed on record, while expedited the hearing of the criminal appeals, directed that appellants may be released on bail—Accordingly, bail granted subject to such terms and conditions as may be imposed by the Trial Court. (Paras 5,11) Result :- Appeal allowed. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 22(C), 29—Bail in Commercial Quantity Case—Bail granted to an accused facing charges under the NDPS Act for recovery of 220 grams of Mephedrone (commercial quantity) due to prolonged incarceration of nearly two years without trial commencement, violating the fundamental right to a speedy trial under Article 21 of the Constitution—The court underscored the principle that "bail is the rule and jail is the exception," even in cases involving serious offenses, when no foreseeable trial progress exists—Procedural lapses, including delays in forensic analysis and discrepancies in evidence, further supported the grant of bail—Despite the severity of charges, the court prioritized the accused's right to liberty, emphasizing that p...

Indian Penal Code, 1860 - Sections 420, 406, 409, 467, 468, 470, 477A and 120B—Bail granted—The appellants, Rahul Modi and Mukesh Modi, sought bail under Sections 420, 406, 409, 467, 468, 470, 477A, and 120B of the Indian Penal Code, 1860, where they were accused of financial offenses, including cheating, criminal breach of trust, forgery, and conspiracy—The appellants had been in custody for over five years, while the trial was still at an early stage—Considering the substantial period already spent in incarceration and the fact that the trial was at a nascent stage, the Court granted bail to the appellants—The Court directed the trial court to fix appropriate terms and conditions for bail, balancing the need for the appellants' presence during the trial with the ongoing progress of the case—The Co...

Bail granted. Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—S.8(c), S.20(c), S.29—Offence of Ganja stored in room given on rent—Appeal to impugn denial of Bail—Petitioner’s co-accused have been enlarged on bail—The petitioner has already spent more than five years in custody—The petitioner does not have criminal antecedents; the prosecution has examined seven out of seventeen witnesses and, thus, the conclusion of trial will take some reasonable time. It is true that the rigors of Section 37 of the Act are to be complied with, however, taking into consideration the period already spent by the petitioner in custody, we are satisfied that the twin conditions may not be rigorously insisted upon and are liable to be dispensed with. (Para 5) Result :- Appeal allowed. ...

Bail granted. Penal Code, 1860 (IPC)—S.354, S.376—Criminal Procedure Code, 1973 (CrPC)—S.438—Appeal by accused to impugn rejection of Bail Application—Trial is delayed due to prosecution—Ground to grant Bail—Bail granted—Accused not to visit place of presecutrix—To furnish residential address. (Paras 6-9) Result: Appeal allowed. ...

Bail granted. Penal Code, 1860 (IPC)—S.304B, S.498A—Dowry Prohibition Act, 1961—S.3—Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483—Bail—Appeal by prisoner to impugn order which dismissed bail application—The suicide has occurred about six months after her marriage and therefore this is not a case where the relief of bail could be granted to the appellant herein, who is none other than the husband of the victim—She therefore submitted that there is no merit in this appeal—Considering the facts on record, the case for bail is made out—Allowed this appeal and directed as under—The appellant shall be produced before the concerned Trial Court as early as possible and the Trial Court shall release him on bail, subject to such conditions as it may deem appropriate to imp...

Penal Code, 1860 (IPC)—Sections 147, 148—The appellant, Ajay Singh, filed a Criminal Miscellaneous Petition seeking bail during the pendency of his appeal in Criminal Appeal No.2994 of 2024, which arises from a conviction under Sections 147, 148, 149, 302 of the IPC and Section 27 of the Arms Act, 1959—The appellant had been sentenced to life imprisonment and other penalties for his involvement in a fatal altercation—The appellant had been in jail for 13 years, and two co-accused, Ranjit Singh and Vijay Singh, were granted bail in similar circumstances—The respondent-State objected, but the Court, considering the principle of parity and the appellant's long incarceration, granted him bail during the pendency of his appeal, subject to conditions imposed by the Sessions Court—The petition was disposed...

Penal Code, 1860 (IPC)—Sections 406—The court has ordered a Nigerian citizen to be released on bail after being arrested for a crime punishable under Sections 66D of the Information and Technology Act and Sections 406, 420, 465, and 468 of the Indian Penal Code, 1860—The applicant, who married an Indian lady in 2019, has a valid Visa but has expired, and has also applied for Indian citizenship—The court has no idea about the status of his application for extension of his Visa or his application for Indian citizenship—The court has allowed the petitioner to implead the Union of India through the Ministry of Home Affairs and Ministry of External Affairs—The court has ordered the newly impleaded respondents to file a report on the status of the petitioner's visa and other documents—The court is n...

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 14A(2)—Indian Penal Code, 1860, Sections 302 and 34 [Bhartiya Nyaya Sanhita, 2023, Sections, 103(1) and 3(5)] —Arms Act, 1959, Section 27—Restored bail granted—The appellant challenged the High Court's order dated 25th August 2023, which recalled its earlier bail order dated 8th December 2022, following an inquiry into the appellant’s criminal antecedents—The appellant was initially granted bail by the High Court on 8th December 2022, but the order was later recalled based on the appellant's alleged suppression of material facts concerning prior criminal cases—The appellant argued that there was no intention to conceal the information, and that in some of the prior cases, he had been granted bail or the...

Indian Penal Code, 1860 (IPC)—Section 302—Bail Granted—Principles of Bail as a Rule and Jail as an Exception—The applicants sought bail in a murder case under Section 302 IPC, citing their distinct role compared to the main accused and the absence of criminal history—The prosecution opposed but acknowledged no evidence suggesting the applicants would flee, tamper with evidence, or intimidate witnesses—The Court, relying on constitutional safeguards under Article 21 and the principle of presumption of innocence, reiterated that bail is a rule and jail is an exception—Citing precedents like Satender Kumar Antil v. CBI (2022) and Manish Sisodia v. Directorate of Enforcement (2024), the Court emphasized that bail should not be withheld as punishment—Considering the applicants' cooperation, l...

Arms Act, 1959—Sections 25—Regular Bail—Section 483 BNSS, 2023—Grant of Bail—Right to Speedy Trial—Article 21, Constitution of India—Petitioner sought regular bail in FIR under IPC Sections 379-B(2), 341, 336, 411, 201, 34, and Arms Act Sections 25/27—Bail plea emphasized false implication and co-accused’s release on bail—Petitioner had already undergone 9 months and 28 days of incarceration—Investigation was complete, charges framed, but no prosecution witnesses examined—Citing Dataram Singh v. State of Uttar Pradesh and Hussainara Khatoon v. State of Bihar, Court underscored the presumption of innocence and importance of speedy trial under Article 21—It was noted that pendency of other cases cannot be the sole ground for denial of bail—Held, prolonged de...

Arms Act, 1959—Section 25—Grant of Bail—NDPS Act—Consideration of Custody Duration and Co-Accused Bail—In a third petition under Section 439 Cr.P.C—for regular bail in a case involving FIR No.0058 under the NDPS Act, the petitioner, Joga Singh, contended he was falsely implicated and highlighted procedural violations in his arrest—He argued that he had been in custody since March 28, 2022, with only 15 out of 23 prosecution witnesses examined, indicating a lengthy trial ahead—Citing the Supreme Court's decisions in Nitish Adhikary @ Bapan and Hasanujjaman, he asserted entitlement to bail, particularly since a co-accused had already been granted bail—The State opposed bail, referencing the petitioner’s involvement in another NDPS case—The court, recognizing the petitione...

Narcotic Drugs and Psychotropic Substances Act, 1985—21B, 27A—Granting bail to the petitioner in an ongoing criminal case, the Court emphasized several precautionary conditions to ensure public safety and the integrity of the legal process—These include restrictions on the petitioner’s access to firearms, aimed at reducing risks to prosecution and investigation parties during the case’s pendency—The petitioner is required to report any changes in address or contact details promptly to prevent communication lapses related to court appearances—Failure to adhere to bail conditions or attend court proceedings may lead to cancellation of bail upon the State's request following due process—The Court clarified that this bail order does not reflect on the case's merits and remains effective ...

Prevention of Money Laundering Act, 2002—Section 4—Bail application by applicant arrested under PMLA—The applicant, in custody since March 2021, seeks bail considering long incarceration and severity of offences—He argues for bail based on parity with a co-accused granted bail, lack of direct benefit from the alleged crime, and extended pre-trial detention—The prosecution opposes bail, highlighting the applicant's active role in serious offences and substantial evidence against him—The court weighs the applicant's prolonged detention, maximum punishment under PMLA, and the Supreme Court's interpretation of Section 436A of the CrPC—Ultimately, bail is granted to the applicant with specific conditions, acknowledging the factors of long incarceration while considering the seriousness of t...

Prevention of Corruption Act, 1988—Section 7—Bail in Corruption Case—Allegations of Bribe Demand and Acceptance—Bail Granted—In a case under Section 7 of the Prevention of Corruption Act, 1988, and Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023, the petitioner, a Sub-Inspector in Delhi Police, was accused of demanding and accepting a bribe of Rs. 3 lakhs—Following a CBI trap, he was arrested—The petitioner claimed false implication, unclear recorded conversations, and cooperation during the investigation—Despite the CBI's opposition, citing the gravity of the corruption charges and clear evidence of bribe demand and acceptance, the court considered key factors such as the seriousness of the offense, the stage of the investigation, and the completion of the chargesheet—E...

Criminal Procedure Code, 1973, Section 439—Penal Code, 1860, Section-306—Bail granted—This appeal challenges the Allahabad High Court's order dated April 26, 2024, which denied bail to the appellant in connection with Case Crime No.853 of 2021 for an offense under Section 306 of the IPC—The appellant has been in custody since October 21, 2021, for over three years, with the trial just commencing—Considering the prolonged detention and without delving into the case's merits, the Court granted bail, directing release if not required in other cases, subject to conditions set by the Trial Court—The State may seek cancellation of bail if any conditions are breached—The appeal is allowed, and pending applications are closed. ...

Penal Code, 1860, Sections 302 and 201—Bail granted—Denying bail to Gangadhar Onkar Parkhe, who faces trial for murder (FIR No—243 of 2022) under Sections 302 and 201 of the IPC.At 77 years old, the appellant has been in custody for over two years—His counsel argued that the case is based solely on circumstantial evidence and that the trial has not yet begun, warranting bail—The State contended that the appellant was last seen with the deceased, raising suspicion—Considering the appellant’s age, prolonged detention, and absence of direct evidence, the Court granted bail, imposing conditions to ensure his presence and cooperation in the trial, with any breach potentially leading to cancellation of bail. ...

Bail granted. Prevention of Money Laundering Act, 2002,  Section 45(1)—Offences to be cognizable and non bailable—Appeal to impugn dismissal of Bail Application—CBI case charge-sheet has been filed and in ED case complaint has been filed—As such, the custody of the appellant herein is not necessary for the purpose of investigation—The appellant has been behind the bars for the last five months—Proviso to Section 45(1) of the PMLA would entitle a woman for special treatment while her prayer for bail is being considered— High Court has totally misdirected while denying the benefit of the proviso to Section 45(1) of the PMLA. (Paras 10, 11, 14, 28) Result :- Appeal allowed. ...

Penal Code, 1860 (IPC)—Sections 341, 342—National Investigation Agency Act, 2008, Act. Section 21(4)—Challenges the Additional Sessions Judge's order rejecting the appellant's regular bail petition in Taljhari P.S. Case No. 84 of 2023—The appellant contended false implication and argued that he is not named in the FIR, and highlighted that similarly placed co-accused were granted bail by the Court—The Additional Public Prosecutor acknowledged the identical nature of allegations but opposed bail—Upon review, the Court noted that the victim and child had been recovered, and bail was granted to co-accused in similar circumstances—Considering these factors and the fact that identical cases received bail, the Court quashed the lower court's order, granting bail to the appellant on furnishin...

Penal Code, 1860 (IPC)—Sections 376—Criminal Procedure—Bail—Petitioner sought regular bail after arrest under FIR No. 104/2023 for offences under Sections 376, 506 IPC, Sections 3(1)(s), 3(1)(w)(i), 3(1)(w)(ii), 3(2)(v) of the SC/ST Act, and Section 67(A) IT Act—Petitioner claimed false implication and highlighted adverse impact on his education due to detention—The prosecution opposed, citing the gravity of the offences and potential threat to the victim—Court noted completion of investigation and lack of necessity for further custodial interrogation—Considering the delay in reporting, petitioner's student status, and lack of substantial evidence for intimidation, bail granted with conditions. ...

Bail—Indian Penal Code, 1860—Sections 121, 121-A and 122—Unlawful Activities (Prevention) Act, 1967—Sections 13, 18, 18-A, 20 and 43-D (5) —Appellant prosecuted under—Applied for bail before Special Court under UAPA—Rejected—Appellant and some co-accused applied for bail before High Court—Prayer rejected—Hence this appeal—Charge-sheet—Not even an allegation in—Charge-sheet does not mention name of terrorist organisation within meaning of Section 2 (m) of which appellant was a member—It is not possible to record a conclusion that there are reasonable grounds for believing that accusation against appellant of commission of offences punishable under UAPA is prima facie true—No antecedents of appellant have been brought on record—Special Court and ...

Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483—CrPC, Sections 439—Penal Code, 1860, Section 420—Ggranted bail—Custody for multiple cheating charges—Bail under Sections 439 CrPC and 483 B.N.S.S, 2023, respectively—The petitioner, arrested in multiple cases for alleged cheating under Section 420 IPC, was in custody for 60 days in Crime No.560/2024—The petitioner claimed entitlement to statutory bail due to incomplete investigation in this case, while seeking bail in the other cases where recovery was completed—The court observed that, while bail should not be withheld as punishment, the petitioner must meet stringent conditions, including regular reporting to the Investigating Officer and non-interference with evidence—Bail was granted with conditions, and the Tribunal’...

Bail—Prevention of Corruption Act, 1988—Sections 7, 7-A, 8 and 12—Indian Penal Code, 1860—Sections 420, 201 and 120-B—Prevention of Money Laundering Act, 2002—Section 3—Offences under—Two bail applications—Filed by appellant—Seeking bail in connection with ED case and FIR registered against him by CBI—Both applications rejected by High Court—Order challenged by appellant—Legality of—In the instant case, in E.D. matter as well as CBI Matter, 493 witnesses matter as well as CBI Matter, 493 witnesses have been named—Case involves thousands have been named—Case involves thousands of pages of document and over a lakh pages of digitized documents—It is thus clear there is not even remotest possibility of trial being concluded in near future&mda...

Bail granted. Criminal procedure code, 1973, Sections 437-439—Bail—Condition by High Court, to file an Affidavit that, husband will fullfill all wishes of wife as condition to grant bail—Putting conditions as has been done in this case, requiring a person to give an affidavit carrying a specific statement in the form of an undertaking that he would fulfil all physical as well as financial requirements of the other spouse so that she could lead a dignified life without interference of any of the family members of the appellant, can only be described as an absolutely improbable and impracticable condition—The second respondent may not misuse such a condition—However, giving such a carte blanche, is nothing but making one dominant over the other, which in no way act as a catalyst to create a comely situation ...

Penal Code, 1860 (IPC)—Section 302—Grant of Bail—Respondent no.2, implicated in the murder of the appellant's son—The appellant contends that the High Court's order lacked proper consideration of relevant facts and evidence—Respondent no.2 argues against his prolonged incarceration and his absence from the FIR—The Supreme Court finds the High Court's bail order lacking legal merit due to inadequate consideration of evidence against respondent no.2—It emphasizes the necessity of concise reasoning in bail decisions, as per legal precedent—Consequently, the appeal is allowed, the High Court's order is overturned, and respondent no.2 is given three weeks to surrender—Importantly, the ruling does not prejudice future proceedings or prevent fresh bail applications. ...

Code of Criminal Procedure, 1973, Section 439—Narcotic Drug and Psychotropic Substances Act, 1985, Sections 21(c)/29, Section 42(1), section 42, section 37, Section 37(b)(ii)—Granted bail—NDPS Case No. 75/2023—The seizure of contraband from the petitioner's rented flat occurred after sunset, without proper authorization or recording of grounds—The prosecution failed to submit the authorization letter in court—As per Section 42(1) of the NDPS Act, 1985, mandatory provisions were not followed—Thus, the embargo under Section 37(b)(ii) of the NDPS Act, 1985 does not apply—The petitioner is granted bail with conditions, including cooperation in trial proceedings, restriction from leaving Assam without court permission, refraining from influencing witnesses, and updating contact details with t...

Code of Criminal Procedure, 1973, Section 161, Section 164 or 374(2)—Protection of Children from Sexual Offences Act, 2012, Section 6—Granted bail—Suspended the sentence—The High Court, considering the appellant's age (80 years) and discrepancies in the minor victim's examination, granted bail and suspended the sentence—Notably, the victim's statement wasn't recorded under Cr.PC during the investigation, and the trial court didn't ascertain the child's understanding before recording deposition—The court referred to precedents emphasizing a judge's duty to ensure a child witness comprehends questions and responds rationally—Granting bail, the court ordered the appellant's release on a Rs—15,000 bond and two sureties—The suspension of the sentence was spec...

Criminal Procedure Code, 1973, Section 439—Penal Code, 1860, Sections 307, 302, 506, 120-B—Second bail—Bail Granted with Stringent Conditions: Judicial Emphasis on Fair Trial and Liberty—The court, in granting bail to the applicant, imposed strict conditions to ensure a fair trial and safeguard the interests of justice—Noting concerns about the uncertainty of trial conclusion, biased investigation, and the applicant's fundamental right to a speedy trial, the court cited the overcrowded conditions in jails—The conditions include refraining from tampering with evidence or threatening witnesses, undertaking not to seek unnecessary adjournments, and ensuring the applicant's presence in court—The court highlighted the applicant's obligation to appear on specific trial dates and warned again...

Criminal Procedure Code, 1973—Section 41—Unlawful Activities (Prevention) Act, 1967—Sections 43D(5), 13 and 18 — Grant bail—The appellant faces charges under various sections of the Unlawful Activities (Prevention) Act (UAPA), Indian Penal Code (IPC), and Foreign Contribution (Regulation) Act (FCRA)—The defense challenges the lack of evidence linking the appellant to violence or terrorism and disputes claims of separatist tendencies—Legal aspects include the interpretation of UAPA sections, bail provisions, and the prosecution's reliance on the "clear and present danger" concept—The court rejects arguments linking the appellant's actions to terrorism and emphasizes the importance of clear criminal laws respecting freedom of speech—The court concludes that the appellan...

Penal Code, 1860 (IPC)—Section 376(1)—Granted bail to the petitioner, accused in a rape case (Crime No.1924/2023) from Palarivattom Police Station, Ernakulam. The petitioner, a hotel cleaning staff, allegedly raped the de-facto complainant, an Air-Hostess. The defense argued that the relationship was consensual, and since the investigation is complete with a filed final report, the petitioner, having spent 91 days in custody, should be released. The court agreed, citing the victim's non-permanent residency in Kochi and the lack of criminal antecedents for the petitioner. The petitioner must comply with specified conditions, including a bond of Rs. 50,000, reporting to the Investigating officer, and not influencing the victim or witnesses. ...

Penal Code, 1860 (IPC)—Sections 302, 498A and304B—Dowry Prohibition Act, 1961—Sections 3 and 4—Grants bail—Judicial custody—The present bail application is the second filed by Aslam, who is in judicial custody under various sections including 302, 498A, and 304B of the IPC, and sections of the Dowry Prohibition Act. The prosecution alleges harassment and dowry demands leading to the death of Aslam's wife. The court, noting the absence of evidence regarding the property sale mentioned in the case and the applicant's lack of criminal history, grants bail. Emphasizing that bail is the rule, it imposes conditions including regular court attendance and refraining from influencing witnesses. The court warns of bail cancellation for misuse. ...

Code of Criminal Procedure, 1973—Section 439—Uttarakhand Protection of Cow Progeny Act, 2007—Sections 3, 5 and 11—Grant of regular bail—Possessing 60 kg of beef. The defense claims false implication, citing the applicant's local residency, lack of criminal history, and Magistrate's trial jurisdiction. The State opposes bail orally. The court, without opining on the case's merits, grants bail, deeming it unnecessary to detain the applicant indefinitely. Release is contingent on a personal bond and two sureties to the court's satisfaction. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 21(c), 23 and 29—Grant of Bail—Recovery of Ativan 2mg, Tramadol, Vellium, Xanax, Alprazolem, Lorezapam 2 mg, Phentermine, 375 Mg.—The prosecution claims that parcels containing narcotics and psychotropic tablets were seized from the applicant's business, Desi Global E Mart. The applicant disputes the authenticity of the seizure, raising concerns about the weight of the recovered substances, the ownership of the premises where the raid took place, and the evidence linking him to the seized parcels. The prosecution argues that there is sufficient evidence, including mobile phone records and the statements of co-accused, to support the charges. The court granted bail to the applicant, considering his prolonged incarceration, slow trial progress, a...

Penal Code, 1860 (IPC)—Sections 498-A, 304B—Criminal Procedure Code, 1973 (CrPC)—Section 161—Dowry Prohibition Act, 1961—Section 3/4—Related to the suicide of his daughter-in-law—The deceased's brother filed an FIR, alleging dowry harassment and cruelty by the in-laws—The applicant is the father-in-law of the deceased—The court noted that the applicant's case is similar to that of a co-accused, Ganga Devi (mother-in-law), who has been granted bail—The court observed that the allegations regarding dowry demand were vague, and the applicant had no criminal history—Considering these factors and other legal precedents, the court granted bail to the applicant with certain conditions. ...

Criminal Procedure Code, 1973 (CrPC)Section 439—Bail granted—Dowry demand—Harasse—Arrested in connection with a dowry-related case, seeks bail—Her previous bail application was withdrawn with liberty to reapply after the charge sheet was filed—The prosecution alleges that the applicant and her son demanded dowry, leading to the deceased's suicide—The applicant's counsel argues her innocence, citing a lack of specific evidence—Considering the completed investigation and charge sheet, the court grants bail, requiring a personal bond of Rs. 50,000 and a solvent surety—The applicant must comply with Section 437 (3) of Cr.P.C. ...

Code of Criminal Procedure, 1973—Section 161, Section 164, Section 313—Indian Penal Code, 1860 — Section 363, Section 366, Section 376—Protection of Children from Sexual Offences Act, 2012—Section 4—Kidnapping—Sexual assault—Minor—Acquittal of the respondent-accused in a case involving charges of kidnapping and sexual assault—The victim, a minor, alleged that she was raped by the accused—State argues that the trial court's acquittal was based on incorrect grounds and that evidence including school records and DNA analysis supports the prosecution's case—Court has granted leave to appeal, issued notices, and set a date for the final hearing. The respondent-accused has been granted bail, and both parties are instructed to submit written submissions within four w...

Criminal Procedure Code, 1973 (CrPC), Section 439—Penal Code, 1860 (IPC), Sections 120B, Section 147, Section 148, Section 149, Section 307—Arms Act, 1959 — Section 4, Section 5, Section 25, Section 27—Grant of Bail—Petitioner seeks bail—Multiple charges—including attempted murder and firearm offenses—Petitioner claims not to have been present during the incident and was implicated later—Court, without commenting on the case's merits, grants bail due to the petitioner's extended detention—Bail is granted. ...

Penal Code, 1860 (IPC)—Section 229A, Section 294(b), Section 307, Section 324, Section 506(ii)—Accused—Serious offenses including murder—Sought bail—Claiming innocence—Court, considering their time in judicial custody, ordered their release on bail with a bond of Rs. 25,000 each and various conditions, including reporting to the police twice daily and not tampering with evidence or witnesses. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—Sections 20 and 29, 67, 42, 53 Criminal Procedure Code, 1973 (CrPC), Section 439—Evidence Act, 1872, Section 67—Grant of bail—Prosecution's case relied on a statement from a co-accused, Manish Kumar. However, the court cited legal precedents and ruled that such statements were inadmissible as evidence under Section 67 of the Act—The court also noted the petitioner's surrender and the absence of any effort to apprehend him earlier—Granting bail, the court imposed strict conditions and emphasized the presumption of innocence until proven guilty. ...

Criminal Procedure Code, 1973 (CrPC), Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 21(c) and 37—Granted bail—Possession of tramadol hydrochloride capsules—The petitioner had been in custody for over 2 years and 8 months, with a slow trial progress—Citing various Supreme Court judgments, the petitioner argued for bail—The court granted bail, imposing several conditions to ensure the petitioner's presence during the trial. ...

Penal Code, 1860 (IPC), Sections 498A, 323, 304B, 229A—Criminal Procedure Code, 1973 (CRPC), Section 437, 173 (2), 82—Dowry Prohibition Act, 1961, Sections 3/4—Delayed F.I.R. granted bail considering various factors, including the delayed FIR, vague dowry demand allegations, the applicants' clean antecedents, and the absence of circumstances necessitating custodial arrest during the trial—Applicants were directed to comply with certain conditions while on bail. ...

Criminal Procedure Code, 1973 (CRPC), Section 439—Narcotic Drug and Psychotropic Substances Act, 1985 NDPS, Sections 20(b)(ii)(C) r/w Sections 29 and 27A, 37—The 5th accused has filed a second application for regular bail—The court, following the precedent set in Fasil v. State of Kerala, granted bail to the petitioner—Petitioner, who has no criminal antecedents, has been in custody for a year, and the trial couldn't be completed within six months, met the criteria for bail under Section 37 of the NDPS Act—Pourt imposed specific conditions for bail. ...

Criminal Procedure Code, 1973 (CrPC) Section 439, 438—Narcotic Drug and Psychotropic Substances Act, 1985 NDPS, Sections 20 and 29, 42(2), 52—Independent witnesses—Charas was recovered from a vehicle with two occupants, including the petitioner—Prosecution alleges the petitioner supplied charas—Petitioner contends he was falsely implicated and cooperated with the investigation—Despite previous bail applications being rejected, the court grants bail, citing the lengthy detention, early stage of trial, and precedents. ...

Penal Code, 1860 (IPC), Sections 229A, Section 294(b), Section 323, Section 324, Section 448, Section 506(ii)—complainant, faces charges of forcibly demolishing the complainant's wall—A case was registered under various sections of the IPC, and the petitioner initially sought anticipatory bail, which was granted with conditions—However, the petitioner was subsequently arrested for non-compliance with the conditions—The court, upon review, has granted bail with conditions including a bond of Rs. 50,000, regular reporting to the police, and no interference with evidence or witnesses—Breach of conditions may result in appropriate legal action, and absconding may lead to a fresh FIR under Section 229A IPC. ...

Criminal Procedure Code 1973, (Cr.P.C.)—Section 439—Penal Code, 1860 (IPC)—Sections 170/384/386/388/419/420 IPC r/w 120-B—Prevention of Money Laundering Act, 2002 Section 45—Extortion Case—Grants Bail To Conman Sukesh Chandrashekar’s Alleged Woman Aide Petitioner sought bail under Prevention of Money Laundering Act, who was in Tihar Jail, in money laundering activities—Petitioner, an employee at a salon, was alleged to have facilitated transactions, passed information, and smuggled items into the jail—Court, considering the prima facie evidence and the petitioner's young age without personal gain, granted bail with conditions. ...

Penal Code, 1860 (IPC), Section 302—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 SCST—S.14-A(2), S.3(1)(w)(v), S. 2(1)(ec)—Criminal Procedure Code, 1973 (CrPC) Sections, 161 and 164  439—Granted bail—Challenging the rejection of a bail application—Appellant is accused of murder—Appellant argued that the circumstantial evidence was insufficient to justify his continued detention—Court noted that the case relied on circumstantial evidence and that it would take a long time for the trial to conclude—Therefore, Court allowed the appeal and granted bail to the appellant with certain conditions. ...

Penal Code, 1860 (IPC), Sections 302, 397, 120B, 201, 109, 504, 506 read with 34—Arms Act, 1959 S.3, S.25 and S.5, S.27—Criminal Procedure Code, 1973 (CrPC) Section 439—Granted bail—Bail application in a case involving multiple charges—Accused no. 3, who allegedly fired a shot, has already been granted bail—Applicant, accused no. 4, was not a primary participant and was driving a motorcycle during the incident—Court noted the absence of criminal antecedents for the applicant, Recovery of a country-made pistol, and the completion of the investigation—Given these factors, the court granted bail to the applicant on certain conditions. ...

Penal Code, 1860 (IPC), Section 302—Second bail application, seeking suspension of her sentence and release on bail based on the duration of her detention—Her first bail application had been withdrawn earlier—She had been convicted and sentenced to life imprisonment under Section 302 IPC by the Additional Sessions Judge, Kanpur Dehat. Penal Code, 1860 (IPC), Section 302—Court, considering the appellant's detention period and the potential delay in the appeal's resolution, decided to grant her bail. She was released on bail upon furnishing a personal bond of Rs. 50,000 and two sureties of the same amount—The repeat bail application was thus disposed of,    ...

Penal Code, 1860 (IPC)—Sections 304, 308, 323—Criminal Procedure Code 1973, (Cr.P.C.)—161 173 (8)—Delayed F.I.R—Post-mortem—Named Charge-sheet—Medical evidence suggests that the deceased's death was due to pulmonary arrest from septic shock—Not a direct act by the applicants—The court also considers the circumstances of sudden provocation and intoxication—With no circumstances necessitating continued custody, the applicants are granted bail. ...

Narcotic Drugs & Psychotropic Substances Act, Section 8, 20, 37(1)(b), 42—Criminal Procedure Code 1973, (Cr.P.C.)—Section 313, 439—Penal Code, 1860 (IPC)—229-A,  174-A—Grant of bail—Possession ganja —Applicant was implicated on suspicion, but no contraband was found in his possession—Was not complied with, and the recovery lacked reliable witnesses—Co-accused in a similar situation, was granted bail Coordinate Bench—Applicant has no criminal history, and the court believes the prosecution may struggle to establish the case. ...

Penal Code, 1860 (IPC)—Sections 498-A, 304-B—Dowry Prohibition Act, 1961—Sections 3/4—Incident taken place within one year of marriage—Post-mortem report—regarding the deceased clinching evidence—Despite being \named and charge-sheeted accused, the applicant argues for bail—emphasizing that several prosecution witnesses have not supported  case—Trial has been significantly delayed—and he has been in custody for over six years—Court taking into account these factors and without commenting on the case's merits, grants bail  applicant. ...

Penal Code, 1860 (IPC), 354, 354A(1)(ii)—Protection of Children from Sexual Offences Act, 2012 (POCSO)—Sections 7, 10 9(m), 9(n)—Granted bail—Petitioner, a 77-year-old, sought regular bail in a case involving allegations under various sections of the IPC and the POCSO Act—Prosecution claimed that the petitioner touched and kissed a 10-year-old victim during a family event—Upon reviewing the victim's statement—Court noted doubts about the petitioner's intentions and considered his age—Court decided that further incarceration wasn't necessary, granted bail, and imposed various conditions, including bond and surety requirements, appearance before the investigating officer, and restrictions on contacting witnesses or leaving the country—Violating these conditions could lea...

Criminal Procedure Code, 1973 (CrPC)—S.439—Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—Sections 22(c), 25, 28, 29, 42, 42(2), 43, 52A—Private Vehicle—Arrested for alleged possession of Yaba tablets—Argued that the vehicle was not a public conveyance, making Section 42 applicable—Court found that the vehicle belonged to an individual and wasn't meant for public use, aligning with the Supreme Court's decision—It ruled that Section 42(1) and (2) weren't duly complied with due to a General Diary Entry and Case Diary usage—Consequently—Bail was granted to the petitioner, emphasizing statutory compliance in NDPS cases. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS section 8 (c), 20 (b)(ii)(A), 20(b)(ii)(B), 21(b), 22(c), 23 & 29, 35, 37, 54, 67—Recovery Of Drugs From Couple’s Bedroom Is Attributable To Both Husband And Wife—legal analysis, the court reviews a case involving drug trafficking under (NDPS Act)—The prosecution alleges the recovery of a commercial quantity of contraband from the applicant's premises, suggesting conspiracy—Defense argues against the admissibility of certain statements and disputes the classification of the recovered contraband—Case's status and complexity are discussed, with the prosecution opposing bail based on the NDPS Act's provisions—court ultimately grants bail to the applicant, citing insufficient evidence and concerns about prolonged pre-trial detent...

Penal Code, 1860 (IPC), Sections 354, 376, 120B—Granting of bail—Evidence collected during investigation—Legal case involving multiple accused individuals—Victim filed an appeal challenging the bail granted to the main accused—An ex-Chief Secretary of Andaman and Nicobar Islands—Court heard arguments from both sides and, despite certain issues with the lower court's decision—Decided not to interfere with the bail—However, they imposed additional conditions for the accused's bail and directed authorities to ensure the victim's safety—Special leave petitions were ultimately dismissed. ...

Narcotic Drugs and Psychotropic Substances Act, S.8(c) | S.20(b)(ii)(c) | S.25 | S.29(1) | S.37—Petitioner seeks bail after being arrested and remanded to judicial custody for alleged offenses— The prosecution claimed to have found a significant amount of contraband in possession of the petitioner and others—However, it was conceded that the contraband was primarily recovered from the first accused, not the petitioner—Considering this and the petitioner's offer to deposit an amount to a government hospital, the court grants bail with specific conditions. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS - S.8(c) , S.22(c) , S.29(1)—Violations, seeks bail after over a year in custody—The prosecution claims to have found MDMA tablets in the petitioner's possession during a raid—The defense argues no involvement in the offense and highlights the completion of the investigation—The court, noting the extended incarceration, nearing trial, and release of co-accused, grants bail under specific conditions, including regular reporting and non-tampering with evidence or witnesses. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS - S.8(c), S.20(b)(ii)(C)—Violations involving a substantial quantity of ganja, seeks bail after over 8 months in custody—The defense argues no involvement in the offense and highlights the completion of the investigation and filing of the charge sheet—The court, considering the extended incarceration, advanced stage of the investigation, and no prior progress in the trial, grants bail under specific conditions, including regular reporting and non-tampering with evidence or witnesses. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—Sections 20(b)(ii)(C)—Petitioner sought bail in connection with a case involving the transportation of 30Kgs of Contraband Ganja under the NDPS Act—After considering the arguments and circumstances, including the petitioner's detention since February 4, 2023, and lack of criminal antecedents, the court granted bail on a bond of Rs. 1,00,000 with certain conditions, including not committing any offense, attending trial, and not leaving the court's jurisdiction without permission—Violation of these conditions could lead to bail cancellation—Bail application was thus allowed. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—S.8(c), S.20(b)(ii)(C), S.25 , S.27A , S.29(1)—Petitioner, facing charges under the NDPS Act since 19.12.2022, seeks bail in a case pending since 2020—The petitioner failed to appear before the trial court, leading to a Non-Bailable Warrant—With the petitioner now in judicial custody, this Court grants bail under specified conditions, including regular court appearances and compliance with legal procedures—Violations may result in legal action. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS - S.8(c) , S.22(b)—Possessing 50 grams of cocaine, deemed an intermediate quantity—The petitioner claims innocence and has been in judicial custody since 11.06.2023—While the investigation is ongoing, this being the petitioner's first NDPS Act offense and the intermediate quantity involved, the court decides to grant bail—The petitioner is released on bail under specified conditions, including reporting, payment to a designated institution, and compliance with legal procedures—Violations may lead to legal action as per precedent. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS - S.8(c) , S.20(b)(ii)(A) , S.29(1)—Petitioners were arrested and detained on charges of various offenses, including possession of narcotics—The first petitioner, with a previous case, is denied bail—However, the second petitioner, a first-time offender, is granted bail under certain conditions, including regular reporting to the police and compliance with legal procedures—Violations may lead to legal consequences. ...

Juvenile Justice (Care and Protection of Children) Act, 2015, Section 102, Section 12, Section 5/6, Section 7/8—Penal Code, 1860, Section 376, 504, 352—Bail granted—Criminal revision, overturned the rejection of bail for a juvenile under Section 12 of the Juvenile Justice Act, 2015—It criticized the Juvenile Justice Board and the Appellate Court for not properly considering the mandatory provisions of the Act and other relevant factors—The Social Information Report highlighted the juvenile's family background and lack of parental control—The court found the reasoning of the lower courts to be unfounded and lacking in evidence of reasonable grounds to deny bail—It set aside the previous orders and granted bail to the juvenile, subject to conditions including parental assurance, undertaking to a...

Penal Code, 1860 (IPC)—Sections 294, 323, 342, 354 and 506 read with Section 34—Bail—Petitioner was granted bail by the trial court for non-serious offenses—However, the High Court canceled the bail and sought an explanation from the trial judge, which was considered unwarranted—The Supreme Court ordered the petitioner's release on bail, with conditions set by the trial court, and stayed the High Court's direction to explain the bail decision—The case will be listed again on April 6, 2023, and a counter affidavit should be filed. ...

Penal Code, 1860 (IPC) - Section 379—Bail Granted—Non-Named Accused—No Recovery—No Previous Conviction—In the matter concerning Malkhan Singh Saini, the applicant sought bail in connection with FIR No. 570 of 2022 registered under Sections 379 and 411 IPC at P.S. Kashipur, District Udham Singh Nagar—The applicant was in judicial custody and not named in the FIR—It was contended that he was falsely implicated, and no recovery was made from him—Although the applicant had prior criminal involvement in three cases, he was on bail in all, and importantly, was not a previous convict—The State opposed the bail but conceded that there was no record of conviction against the applicant—The Court, after hearing both parties and considering the facts, noted the absence of direct involvement ...

Criminal Procedure Code, 1973 (CrPC)—Sections 439 and 389—Appellant, who had been granted bail by the High Court, appealed against the excessively onerous conditions imposed—Supreme Court found that these conditions, which the appellant could not meet, effectively acted as a refusal of bail—The court held that bail conditions must not be so burdensome as to deny bail and modified the conditions, allowing the appellant to be released on bail without these excessive requirements. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Regular Bail—Indian Penal Code, 1860 (IPC)—Section 302 r/w Section 34—Grant of Bail—The petitioner, accused No.1, sought bail under Section 439 CrPC in a case under Section 302 read with Section 34 IPC—The prosecution alleged that the petitioner assaulted the deceased with a cricket bat following a quarrel—The petitioner argued that the act was not premeditated and could attract Section 304(1) IPC instead—The petitioner had been in custody for seven months, the investigation was completed, and the charge sheet was filed—The court noted that the primary eyewitness's statement indicated a provoked incident rather than intentional murder—Considering the completion of the investigation, the petitioner's local ties, and th...

Constitution of India, 1950 - Article 21—Criminal Law—Regular Bail—Scholarship Scam—Section 439 CrPC—IPC & Prevention of Corruption Act Offences—Bail Granted—In Anurag Shankhdhar v. State of Uttarakhand, the applicant, then serving as District Social Welfare Officer, Udham Singh Nagar, sought regular bail under Section 439 CrPC in connection with FIR No. 53 of 2020, registered at P.S. Bazpur for offences under Sections 409, 420, 466, 467, 468, 471, 120-B IPC and Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988, arising out of a multi-crore post-matric scholarship scam—The prosecution alleged violations of government norms during disbursal of scholarships to institutions located outside Uttarakhand, particularly in Haryana—The applicant argued that there wa...

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Criminal Procedure Code, 1973—Sections 437, 439—Bail—Examination Attendance by Accused in Judicial Custody—POCSO Act—Special Arrangements Ordered—In a case registered under Sections 376(2)(n), 376(3) IPC, and Sections 4, 5(J)(ii)(L), 6 of the POCSO Act, the petitioner, a student in judicial custody, sought temporary bail to attend his B.Com—exams—The court, without addressing the merits of the case, acknowledged the petitioner's right to education and ordered special arrangements for him to appear for the exams—The petitioner was permitted to attend the examination under proper security, with conditions to maintain confidentiality and dignity, and return to judicial custody immediately after each exam—The petition was disposed of with the allowance for filing future bail peti...

Failure to release prisoners after bail is granted - Directive to the Chief Secretaries of all States and Union Territories to ensure the presence of high-speed internet access in every correctional facility within their respective jurisdictions. They are also instructed to promptly arrange for internet access in facilities where it is currently unavailable. During this transition, all communication shall be facilitated through the Nodal Officers of the State Governments using the FASTER system. Furthermore, it is recommended that necessary amendments be made to the Rules and Procedures for the Supreme Court of India through administrative means. Additionally, all responsible parties must promptly revise their Rules, Procedures, Practices, and directives to recognize electronically authenticated copies of this Court's orders transmitt...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 201, Section 324—Bail Granted—The petitioner (Accused No.1) sought bail under Section 439 CrPC—The petitioner was accused of snatching a mobile phone, with co-accused involved in assault—Though allegations against the petitioner exist, the investigation is complete, and the charge sheet has been filed—The Court found no material evidence of the petitioner's criminal antecedents and noted that the co-accused was already granted bail—Emphasizing that continued detention would violate personal liberty, the Court allowed the petitioner's bail, subject to conditions ensuring no tampering with witnesses or commission of similar offenses—The petitioner must provide a bond of Rs.2,00,000 with two sure...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Grant of Bail in Murder Case Involving Circumstantial Evidence—Petitioners sought bail under Section 439 CrPC in a case involving offences under Sections 364, 302, and 201 read with Section 149 IPC—The prosecution alleged that the petitioners killed the deceased, Kallappa, and set his body on fire to destroy evidence—The case was primarily based on circumstantial evidence and the petitioners’ alleged confessional statements, which were denied—The petitioners contended innocence, citing delayed missing complaints and lack of eyewitnesses—The court held that bail is a rule and rejection an exception, noting no direct evidence and that apprehensions of tampering or absconding could be mitigated through stringent conditions—Bail was granted ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Grant of Bail in Murder Case Based on Circumstantial Evidence and Principles of Criminal Jurisprudence—The High Court granted bail to the accused charged under Section 302 IPC, considering that the case was primarily based on circumstantial evidence, with no direct witnesses to the alleged offense—The Court highlighted that, per Dataram Singh v. State of Uttar Pradesh (2018), bail is the rule and incarceration the exception, reaffirming the presumption of innocence in criminal jurisprudence—While witnesses indicated that the accused was last seen with the victim, the Court found that this "last seen" circumstance alone did not establish prima facie guilt—Emphasizing principles for bail, including the likelihood of tampering with evidence, the ac...

Criminal Procedure Code, 1973—Section 439—Karnataka Forest Act, 1963—Sections 24, 84, 86—Bail Granted on Grounds of Insufficient Evidence—In Alnavar Range Forest Crime No.1/2018-2019, accused Nos. 1 to 3 sought bail under Section 439 of CrPC, alleging that they were unjustly detained in a sandalwood theft case—Initially registered as a case against unknown persons for cutting sandalwood trees, these accused were implicated based on their confession statements while under judicial custody for other cases—Their counsel argued that no direct evidence or recovery linked them to this offense, and their continued detention imposed undue hardship—The prosecution opposed bail, asserting their habitual involvement in similar offenses and potential to tamper with witnesses—The court, referencing...

Criminal Procedure Code, 1973—Section 439—Bail—POCSO Act, 2012—Section 4, 6, 17 and IPC—Section 376(2)(i)(n), 342, 506 read with 149—Grant of Bail despite Serious Charges—Consensual Sexual Relationship—Marriage Considered—The petitioner/accused sought bail under Section 439 CrPC in a case registered under IPC and POCSO Act for alleged sexual assault—The prosecution opposed, citing the victim’s statement and medical evidence indicating rape—However, the defense argued that the victim, though a minor, voluntarily accompanied the accused, and there was no evidence of forcible intercourse—The accused subsequently married the victim, and the Court noted this fact while observing the absence of any material suggesting a risk of the accused fleeing or tampering with ev...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Offences under Sections 342, 365, and 395 IPC—Allegations of Robbery and Abduction—Grant of Bail—The petitioner, accused No.7, sought regular bail for offences under Sections 342, 365, and 395 of IPC in Crime No.224/2018, involving abduction, assault, and robbery—The complainant alleged that the petitioner and others abducted him, assaulted him, and robbed him of Rs.5,63,000/-, along with the truck loaded with maize—The petitioner had been in custody for over a year, with 19 prior cases against him—Despite this, no similar offence under Section 395 IPC had been registered against him—The petitioner was involved in recoveries, including Rs.35,000/- and a truck—Considering the completion of investigation, recovery of stolen goods, an...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Granted regular bail to the petitioner, Accused No. 3, in Crime No. 288/2018 for offenses under IPC Sections 341, 364A, 397, 323, 354C, 509, and 506, along with Section 67 of the Information Technology Act, 2000—The allegations stemmed from a November 30, 2018, incident involving the complainant, an Ola cab driver, who was allegedly kidnapped and robbed by the petitioner and accomplices—The petitioner, who had been in judicial custody since March 2020, argued that he was innocent, as no recovery was made from him, and that other co-accused had already been granted bail—The Court noted that the petitioner had absconded from 2018 until his arrest, but, considering the lengthy judicial custody and the gravity of the offenses, allowed the bail petition with conditi...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Granted—Parity Rule Applied—The petitioners, accused Nos. 3 to 6 in Crime No. 18/2020 under Section 379 IPC, Sections 41(D) and 102 CrPC, and Sections 86 & 87 of the Karnataka Forest Act, 1963, sought bail after their earlier application was denied—The court granted bail, noting that the alleged offenses are not heinous and do not carry the death penalty or life imprisonment—The court applied the rule of parity as co-accused Nos. 1 and 2 were already granted bail—The state's concerns regarding non-appearance for trial were addressed by imposing conditions, including a personal bond of Rs. 1,00,000, regular court attendance, cooperation in the investigation, and fortnightly reporting to the jurisdictional police. The court emphasized tha...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Granted—Non-Heinous Offenses—The petitioners, accused in Crime No. 175/2019 under Sections 328 and 381 IPC, sought bail after previous petitions were rejected—The state opposed the bail, arguing there was prima facie evidence of the petitioners’ guilt and that their release would threaten societal peace—However, the court determined that the charges did not warrant capital punishment or life imprisonment, classifying them as non-heinous offenses—It noted the petitioners' custody duration and their willingness to comply with any conditions imposed—Emphasizing that bail is the rule and detention is the exception, the court highlighted the need to alleviate jail overcrowding—The court granted bail, stipulating conditions incl...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Granted—NDPS Act Offenses—The petitioner, accused No. 1 in Crime No. 355/2019 under Sections 8(c), 21(c), and 20(a)(b) of the NDPS Act, sought bail after his previous petition was denied—The state opposed bail, arguing the seriousness of the offenses and potential flight risk—However, the court found merit in the petitioner’s claims: the quantity of the seized substance was less than the minimum required for NDPS offenses, and no scientific analysis had been conducted within the 90-day detention period—Additionally, the petitioner’s ongoing education and attendance requirements were considered significant—The court emphasized the principle that bail is the norm, not detention—Consequently, the petitioner was granted bail...

Penal Code, 1860 (IPC)—Section 302—The petition was restored following the court's acceptance of a request to recall an earlier dismissal for non-prosecution—The petitioner’s counsel argued for bail on the grounds of parity, referencing a prior bail order for co-accused No. 1, which was not contested by the prosecution—The court noted the allegations involved a sudden altercation leading to the deceased's death, with the nature of the injuries necessitating further examination during trial—Given the similarities in circumstances between the accused, the court granted bail to the petitioner, imposing conditions to ensure cooperation with the ongoing investigation. ...

Penal Code, 1860 (IPC) - Section 302—The petitioner sought regular bail under Section 439 of the Cr.P.C. in Crime No. 165/2019 for the alleged murder of his mother-in-law, facing charges under Section 302 of the IPC—The prosecution claimed that the petitioner took the deceased, who had an alcoholic history, from her home and later brought her to the hospital, where she was declared dead—Witnesses testified seeing the deceased with the petitioner—During interrogation, the petitioner reportedly confessed to striking her with a wooden club—The petitioner contended he acted in good faith to save her life and was falsely implicated—The court, considering the nature of the evidence, the completion of the investigation, and the petitioner’s prolonged judicial custody since September 2019, found it approp...

Criminal Procedure Code, 1973 (CrPC)—Section 188, Section 439—The petitioner sought bail after being charged with offences under Sections 376, 313, 420, 504, and 506 of the IPC—The petitioner contended that the relationship with the complainant (CW.1) was consensual and that the alleged offence occurred in Abu Dhabi, requiring Central Government sanction under Section 188 of the CrPC for prosecution in India, which was absent—The court noted that the petitioner had been in judicial custody since January 10, 2020, and had not fled—With the passport seized and no specific threats evidenced against CW.1, the court found no substantial likelihood of witness tampering—Citing precedents, the court granted bail, imposing conditions including a personal bond, mandatory court appearances, and restrictions on lea...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner sought cancellation of bail granted by the Principal Sessions Judge, Belgaum, to the accused (respondents Nos.2 and 3) in a murder case under Sections 341, 302, 201, 120-B, and 34 of the IPC—The petitioner alleged that the accused had threatened and assaulted the widow of the deceased, a key prosecution witness, to deter her from deposing against them—The Court held that these actions constituted tampering with prosecution witnesses and a violation of the bail conditions—Relying on the Supreme Court's decision in Manoj Kumar v. State of Uttar Pradesh, the Court ruled that such blatant violations justified cancellation of bail—Accordingly, the bail granted to the accused was cancelled, and they were ordered into custody—The Court a...

Penal Code, 1860 (IPC)—Section 120B, Section 141—Bail Granted—The petitioners sought bail in connection with their alleged involvement in a large-scale unlawful assembly, where broad and vague allegations were made against a crowd of 1500-2000 individuals—The prosecution failed to present concrete evidence, such as CCTV footage or photographs, linking the petitioners to specific violent acts—Furthermore, the police did not register independent FIRs despite complaints from the injured and families of the deceased, raising concerns about the fairness of the investigation—The court, considering the lack of clear evidence and the general nature of the allegations, held that the petitioners' continued detention was unjustified—Bail was granted subject to conditions, including the execution of a per...

Criminal Procedure Code, 1973 (CrPC)—Section 273—The High Court addressed a bail cancellation petition filed by the first informant—The respondent, charged under Sections 295-A, 376, 377, 420, 506(1), and 120-B of the IPC, had been granted bail with conditions, including mandatory attendance before the jurisdictional police—However, since June 2018, the respondent failed to appear before the trial court, allegedly absconding to a foreign country and violating bail conditions—Citing Supreme Court precedents on absconding and evasion of trial, the High Court found sufficient grounds to cancel bail, emphasizing the necessity for the accused's presence to ensure a fair trial—The court ruled that the respondent’s actions jeopardized judicial processes, leading to the cancellation of bail and an ord...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner, Accused No.1 in Crime No.519/2018 for charges under Sections 143, 147, 120(B), 302 read with 149 IPC, sought bail—The prosecution alleged that the petitioner and others conspired and murdered the deceased using a sickle, with CW-2 and CW-3 as eyewitnesses—The petitioner had been in custody since 07.12.2018—Investigation and witness testimonies were complete, and both key witnesses turned hostile—The petitioner had no prior criminal record, and co-accused were granted bail—Considering these factors, the court granted bail under Section 439 Cr.P.C., with conditions including a personal bond of ₹1,00,000, prohibition on criminal activities, non-tampering with evidence, and regular court attendance—Violation of any condition woul...

Criminal Procedure Code, 1973—Section 439—Indian Penal Code—Sections 396 and 201—Bail—Multiple Bail Rejections—Delay in Trial—Hostile Witnesses—Long Incarceration—Bail Granted. Bail application filed by Accused No.4 in Crime No.70/2015 for offences under Sections 396 and 201 IPC—The accused had previously approached the High Court for bail, which was rejected or withdrawn at earlier stages—The case arose from a dacoity and murder, where the complainant's uncle was found dead with injuries and valuables looted—Court considered the fact that key prosecution witnesses, including two alleged eyewitnesses (PWs 1 and 2), had turned hostile and not supported the prosecution case—Recovery witnesses had also not supported the case—The only remaining witnes...

Criminal Procedure Code, 1973—Section 438—Anticipatory Bail—Offence under Section 306 IPC—No Prima Facie Instigation—Ground of Parity—Bail Granted—Petitioners, arrayed as accused Nos. 1 and 3, sought anticipatory bail in Crime No.154/2018 registered for offences under Sections 323, 341, 306, 504, 506 r/w 34 IPC—The complaint alleged that the deceased committed suicide due to mental harassment related to a disputed land transaction involving the petitioners—The complainant claimed to have paid Rs.28,00,000/- to accused No.1 for purchasing land, which was later sold to another person—The Court held that there was no material indicating instigation or abetment by the petitioners as required under Section 107 IPC—Further, no direct allegation connected the petitioners to the in...

Penal Code, 1860 (IPC)—Sections 365, 394, 323 and 120-B—Scheduled Castes and the Scheduled Tribe (Prevention of Atrocities) Act, 1989—Sections 3(1)(d) and 3(2)(va)—Bail—Appellant was granted bail considering the facts and the period of custody already endured—The High Court's order was overturned, and the appellant was ordered to be released on bail, subject to the trial court's satisfaction—The appeal was thus disposed of. ...

Grant of Bail—This Court not inclined to interfere with the impugned order of the High Court which declined to grant bail to the petitioner—It is for the petitioner to approach the Sessions Judge who, in his judicial discretion, is empowered to pass appropriate orders keeping in view the facts made out by the petitioner in that behalf after hearing all parties concerned—Petition dismissed. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 302, Section 307, Section 34, Section 504, Section 506—Grant of bail to respondent no. 1, who was accused in a case involving the brutal murder of two young boys—The court found the grant of bail inappropriate given the gravity of the charges and the potential influence on witnesses, setting aside the High Court's bail order—However, it emphasized that its observations should not affect the trial court's decision on the merits of the case. ...

High Court's refusal to suspend their sentence during a pending criminal appeal, has been Grant of bail on the grounds of parity. The appellant must deposit the entire fine and provide a personal bond and sureties. They must also report to the High Court Registry monthly. ...

Appellant challenged the bail granted to the first respondent, who was involved in a case of embezzlement amounting to Rs—2.78 crores—The appellant argued that there was a risk of the respondent absconding if released on bail—The Supreme Court noted that the first respondent had been in custody since November 10, 2017, and that the investigation against him was complete—The Court imposed stricter bail conditions, including a deposit of Rs—75 lakhs in addition to the earlier deposit of Rs—50 lakhs and the surrender of his passport—The respondent must also report to the police station weekly. ...

Prevention of Corruption Act, 1988 Sections 7, 13(1) (D) and 13 (2)—Penal Code, 1860 (IPC) Section 120B—Criminal Procedure Code, 1973 (CrPC)  Section 439. Sub-Divisional Magistrate, had bail canceled by the High Court in a suo moto proceeding, despite the State not seeking bail cancellation—The Supreme Court found this action unwarranted and set aside the High Court's decision, ordering the appellant's immediate release, subject to conditions set by the Trial Court—The court clarified that this decision doesn't touch upon the merits of the case. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 302, Section 363, Section 365—Pertains to a case where two accused individuals were granted bail by the High Court in a murder case—Appellant, the de-facto complainant, challenged the bail decision, arguing that the allegations were serious, and the accused might tamper with evidence and threaten witnesses—Supreme Court set aside the High Court's bail order, stating that the seriousness of the charges and the potential risk to the witnesses and evidence warranted keeping the accused in custody until the trial's completion. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Drugs and Cosmetics Act, 1940—Section 27(b)(ii)—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 22(c)—Godown managed by the appellant—Appellant argued that Corex syrup was no longer prohibited under the Drugs and Cosmetics Act—Delhi High Court had quashed the relevant notificatio—Considering the circumstances, the Supreme Court granted bail to the appellant, ordering his release on bail upon execution of a personal bond of Rs. 25,000/- with two sureties to the satisfaction of the trial judge—High Court's earlier order was set aside. ...

Prevention of Money—Laundering Act, 2002—Section 45—Mandatory conditions for granting bail in cases of offenses punishable for a term of imprisonment of more than three years under the PMLA—Supreme Court emphasized that these conditions must be followed when granting bail, and it has overriding effect over the general provisions of the Code of Criminal Procedure—Case involves both PMLA and the Narcotic Drugs and Psychotropic Substances Act, 1985, and the respondents should be arrested as a result. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Appellant, facing various criminal charges and having been in custody for over six years, is granted bail with conditions due to the lack of progress in the trial     ...

Grant of Bail—Appellant, accused in a Ponzi scheme case, sought bail after a substantial period of judicial custody—The Supreme Court granted bail, considering the ongoing investigation and the appellant's health condition, imposing certain conditions to ensure cooperation with the investigation—The court emphasized that this decision should not serve as a precedent. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Grant of Bail—High Court, in an order dated 30.07.2014, had instructed that the trial should be concluded within four months—However, over two years have passed, and the trial is still in the evidence stage—It is noted that releasing the appellant on bail will not adversely affect the examination of witnesses, as only government officials need to be examined—Therefore, it is deemed appropriate to grant bail to the appellant, provided they furnish bail bonds and sureties to the satisfaction of the trial court. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Grant of Bail—First Information Report (FIR) in this case was filed after a lapse of four years—Additionally, it is evident from the order that the victim girl has not appeared in court, despite the issuance of warrants—Furthermore, the trial court has failed to adhere to the earlier directive from the High Court to conclude the trial within four months—Considering these factors, it is deemed appropriate to grant bail to the appellant, provided they furnish bail bonds and sureties that satisfy the Trial Court. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Grant of Bail—Appellant has been in custody since May 23, 2009, which is over seven years, and had a prior period of custody from September 10, 2007, to April 5, 2008—Despite his appeal before the High Court dating back to 2009, it has not been heard thus far—The appellant has been convicted under Section 304-B IPC, and he is currently 81 years old—As a result, the court has decided that the accused appellant should be released on bail. ...

Criminal Procedure Code, 1973 (CrPC)—Section 437, Section 439—Forest Act, 1927—Section 2—Mines and Minerals (Development and Regulation) Rules—Rule 21, Rule 23, Rule 4(1), Rule 4(1)(A)—Penal Code, 1860 (IPC)—Section 120B, Section 379, Section 409, Section 411, Section 420, Section 427, Section 447, Section  468—Grant of Bail—This Special Leave Petition pertains to a case where the accused—petitioner was arrested by the Central Bureau of Investigation (CBI) on charges under various sections of the Indian Penal Code and other acts—The petitioner had sought bail multiple times in the trial court, but it was rejected—The High Court also denied bail due to the gravity of the allegations and the stage of the investigation—However, the CBI, in this petition, expre...

Special leave petition has been disposed of by the court—The petitioner has been given 15 days to surrender before the appropriate court—If the petitioner files a bail application before the appropriate court, the court may grant bail with suitable conditions, considering the application on its merits without being influenced by this order. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Against a High Court order denying him bail due to his illness— Medical reports confirmed his serious health issues, including hypertension, diabetes, and suspected polycystic kidney disease—Considering his frail condition, the court suspended his sentence and granted bail upon posting a bond of Rs. 50,000 with two sureties—High Court's order was overturned, and the appeal was granted. ...

Criminal Procedure Code, 1973—Section 439—Grant of bail—Law without being influenced by a previous bail cancellation order. Superior Courts must adhere to statutory provisions and legal precedents, issuing directions permitted by law. There's a distinction between parameters for granting bail and canceling bail, as well as between setting aside an unjustified or illegal order and canceling bail due to accused misconduct or supervening circumstances. If a bail order is perverse or based on irrelevant materials, a superior court can annul it. This distinction is crucial for upholding the principles of justice and fairness in the legal process. ...

Criminal Procedure Code, 1973 (CrPC)—Section 437—Penal Code, 1860 (IPC)—Section 120B, Section 34, Section 353—Grant of Bail—Scope and Parameters: The Supreme Court addressed an appeal challenging the Bombay High Court's bail order in a case involving charges under the Unlawful Activities (Prevention) Act, 1967, the Arms Act, and the Indian Penal Code—The High Court granted bail, finding that the accusations did not constitute the charged offenses—The Supreme Court held that the High Court misinterpreted the scope of the provisions and failed to consider the severity of the charges—Emphasizing the need for reasons in bail orders, the Court outlined factors for consideration, including the nature of the accusation, severity of punishment, evidence, and apprehension of witness tampering&mda...

Criminal Procedure Code, 1973 (CrPC)—Section 482—Appeal against the grant of anticipatory bail in the context of a criminal misappropriation of public funds related to the alleged illegal supply of medicines. The appellant, implicated in the crime during the investigation, was granted anticipatory bail subject to certain conditions. The investigating agency did not object to the relaxation of these conditions, indicating satisfaction with the appellant's cooperation. The court emphasizes the distinction between an appeal against the grant of bail and an order of cancellation of bail. It sets aside the High Court's judgment, directing the appellant to comply with any directions issued by the Sessions Judge. The summary provides an overview of the legal proceedings and the court's findings. ...

Prevention of Terrorism Act, 2002—Section 22(2), Section 3(3), Section 49, Section 49(6),—Grant of bail—Ganting special leave, heard the appeals against the judgment of the Gujarat High Court in Criminal Appeals—The appellants, Kirtibhai Madhavlal Joshi, Prahalad Prabhudas Patel, and Mahesh Narsinhdas Patel, were charged under Sections 3(3) and 22(2) of the Prevention of Terrorism Act, 2002, along with other Penal Code offenses—The prosecution alleged that Patel Online Services, the firm associated with the appellants, received funds through hawala transactions from Dubai for terrorist activities—The prosecution heavily relied on confessions, and despite the Review Committee's initial finding of insufficient material for Section 3(3) charges, the court framed such charges—The defense argued th...

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Penal Code, 1860 (IPC)—Section 302, Section 34—Appellant, dissatisfied with the order denying the suspension of sentence and bail during the pendency of the criminal appeal against his conviction under Section 302 read with Section 34 of the Penal Code, has approached the court—The appellant's argument is based on the fact that other co-accused, including one accused of inflicting a stab injury, have been granted bail—The appellant, accused only of causing injury with a piece of brick, contends that the High Court should have suspended the sentence and granted him bail—The counsel further asserts that the High Court failed to consider any of the contentions raised in the application seeking the suspension of sentence—The court allowed the appeal, emphasizing the inconsistency in denying bail to the ...

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  Criminal Procedure Code, 1973 (CrPC)—Section 437, Section 439—Grant of bail—Bail granted to the appellant with conditions, including a deposit of Rs. 2,50,000, allegedly the misappropriated amount. The court found the deposit condition unwarranted in the circumstances and disposed of the appeal.   ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 37—Granting leave to set aside the High Court's order granting bail to the respondent—The respondent faced charges under the Narcotic Drugs and Psychotropic Substances Act for possession of heroin—The Court held that the High Court's order was unsustainable as it failed to follow the mandatory requirements of Section 37 of the Act—Notably, the court did not provide the Public Prosecutor an opportunity to oppose the bail application, and there was no indication that the High Court considered the reasonable grounds for the accused's innocence and the likelihood of not committing offenses while on bail—The matter was remanded to the High Court for reconsideration. ...

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Criminal Procedure Code, 1973—Section 156(3)—Initial estimate refundflat purchasers—Petitioners, who had been granted bail in a previous case subject to a deposit of Rs. 750 crores by the end of December 2017, failed to comply with this condition—The court dismissed their request for modification of the order—Additionally, the court issued several directions regarding the refund to flat purchasers, sale of assets, provident fund dues, and payments to assisting counsel, setting deadlines for various actions to be taken by the parties involved—The case was scheduled for further hearing on February 7, 2019. ...

Penal Code, 1860 (IPC)—Section 120B, Section 406, Section 409, Section 420—Case involving multiple charges under Sections 406, 409, 420, and 120-B of the Indian Penal Code against the petitioner, who is a Managing Director/Director of JVG group of companies, the court directed a unique relief—Acknowledging the petitioner's repeated arrests in numerous cases across different states, the court ordered that upon arrest in any criminal case, the petitioner should be released on bail by the arresting officer, subject to executing a satisfactory bond.Furthermore, the court directed the jail authorities to release the petitioner immediately upon the Registrar General of the Court notifying them of the surrender of his passport—This order aimed at ensuring a fair balance between the petitioner's rights under Articl...

Criminal Procedure Code, 1973 (CrPC)—Section 437—Grant of bail—Court overturns the order of a Designated Judge granting bail to the accused respondent, a member of the Dawood Ibrahim group facing trial under TADA—The respondent, previously released on bail in 1993, had jumped bail and was later found with a forged passport in 1995—Despite the state's argument against bail, the Designated Judge had granted it with strict conditions—The court, after considering both sides, concludes that the Designated Judge erred in granting bail and orders the immediate custody of the respondent—Additionally, the Designated Judge is directed to expedite the pending proceedings—The court dismisses the appeal, emphasizing the improper grant of bail and the need for a swift resolution of the case. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 37—Grant of bail—Supreme Court, in an appeal, set aside the order of the High Court of Judicature at Allahabad, Lucknow Bench, granting bail to Ram Samujh Yadav under the Narcotic Drugs and Psychotropic Substances Act, 1985—The Court emphasized the restrictive nature of bail provisions under Section 37 of the NDPS Act, allowing bail only when there are reasonable grounds to believe the accused is not guilty and not likely to commit further offenses while on bail—The legislative intent behind these provisions was to curb drug-related activities and prevent the release of offenders during trial due to technicalities—The Court highlighted the severe societal impact of drug trafficking and upheld the need to adhere to the legislative mandat...

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Penal Code, 1860 (IPC)—Section 114—District Magistrate of Gopalganj was killed by a mob, allegedly led by Anand Mohan, Arun Kumar Singh, and others—The High Court granted bail to the respondents based on political rivalry claims and lack of specific individual roles attributed to them in the incident—However, eyewitness statements indicated Anand Mohan's involvement in inciting the murder—The Court set aside the bail granted to Anand Mohan, ordering his immediate custody—Arun Kumar Singh's bail was upheld—The trial court was directed to commence the trial within two months, conducting it expeditiously—Anand Mohan was granted liberty to seek bail once eyewitness evidence is recorded—The appeals were disposed of accordingly. ...

Criminal Procedure Code, 1898 (CrPC)—Section 498—The validity of the High Court's order granting bail to Jagjit Singh, a former Indian Army captain accused of conspiracy and violations under Sections 3 and 5 of the Indian Official Secrets Act, 1923—The respondent's bail application was initially rejected by the Additional Sessions Judge, and upon appeal, the High Court granted bail, arguing that the offence might fall under Section 5 (bailable) rather than Section 3 (non-bailable)—The Supreme Court found a fundamental error in the High Court's approach, which failed to determine if the offence was bailable—It emphasized that bail in non-bailable offences should consider the seriousness of the crime, evidence, and other relevant factors—Given the gravity of the offence under Section 3, relate...