Criminal Procedure Code, 1973—Sections 437 and 439—Fresh Bail Application—The Supreme Court of India has reaffirmed the right of an accused to file a fresh bail application even if a previous application has been rejected or canceled, provided there is no explicit prohibition by a higher court against such a filing—This ruling emphasizes that the right to seek bail is not extinguished by the rejection of an earlier application—However, the accused must demonstrate a change in circumstances that justifies the need for a reevaluation of the case on its merits—The Court clarified that lower courts must focus on the substantive aspects of the fresh bail application and cannot dismiss it solely due to procedural reasons or misunderstandings—The decision reinforces the principle that each bail applicati...

Directed arrest of Bail Applicant. (A) Nagrik Suraksha Sanhita 2023, Section 482—Anticipatory Bail—When denied, further course of action—Accused who had been able to take help of Police, to avoid Arrest, moved Application for Pre-Arrest Bail and court directed his arrest—To surrender immediately. (Para 9) (B) Constitution of India, Article 136—SLP to impugn denial of Anticipatory Bail—Accused who had been able to take help of Police, to avoid Arrest, moved Application for Pre-Arrest Bail and court directed his arrest—Whether the Commissioner of Police, Amritsar, has filed any affidavit as directed by the High Court on 11.12.2024 in CRM 41840/2024—But, it is a fact that even after rejection of the first bail application and the second bail application, the petitioner has not been taken ...

Narcotics Drugs and Psychotropic Substances Rules, 1985—Sections 8(C), 29—The applicant-accused has been arrested and charged under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023, for drug trafficking—The police received secret information that Imtiyaz @ Lala Firoz Malek and his friend Mustafa Johar Wana were involved in drug trafficking—A trap was arranged and the accused were arrested with a contraband article worth Rs.5,00,000/-—The applicant-accused was arrested on 05.09.2020 and has been in jail since then—The applicant-accused's advocate, Brijesh Trivedi, argues that there is no direct recovery or discovery at his instance and that the trial is likely to take a considerable long period—He also argues that the other co-accused in the offence have already been enlarged on bail, ...

Prevention of Corruption Act, 1988—13(1)(a)—Bail Application—Prevention of Corruption Act and IPC Sections—Pre-Trial Incarceration—The petitioner, a 70-year-old retired employee of the Punjab Small Industry & Export Corporation (PSIEC), sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with FIR No. 4 involving allegations of corruption, including conspiracy and fraud—The petitioner claimed no criminal antecedents and argued that he was merely assisting senior officials accused in the matter—The State contended that sufficient prima facie evidence linked the petitioner to the issuance of fraudulent allotment letters and illegal benefits—However, the court noted that the petitioner had been in custody since September 7, 2024, and found tha...

Prevention of Corruption Act, 1988—Sections 7, 11—A bail application filed under Section 439 of the Criminal Procedure Code and Section 45 of the Prevention of Money Laundering Act, the Applicant seeks release from custody in connection with Complaint Case No. 13/2022, stemming from allegations of involvement in cattle smuggling and associated corruption—The Applicant argues that the accusations lack prima facie evidence, asserting prolonged detention of 19 months without trial, with the investigation allegedly complete and the trial yet to commence—The Respondent opposes bail, citing the Applicant's involvement in a cattle smuggling syndicate, substantial financial gains, and attempts to mislead authorities—The Applicant emphasizes compliance with bail conditions and the legitimacy of his income&mda...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21, 25—Bail Application—Recovery of Heroin—In a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985, the petitioner sought release after the recovery of 358.6 kg of heroin, arguing that only 210 grams were attributed to him, classifying it as an intermediate quantity—The petitioner claimed prolonged custody and procedural violations in the investigation—However, the State contended that the petitioner was a crucial link in a sophisticated drug syndicate, supported by substantial evidence, including communications and prior recoveries—The court dismissed the bail application, emphasizing the serious nature of the offense, the significant quantity of drugs involved, and the risk of flight—The court also r...

Prevention of Corruption Act, 1988—Section 13(1)(e)—The bail applications filed under Section 439 read with Section 167(2) of the Code of Criminal Procedure, 1973, the petitioners, Ankush Jain and Vaibhav Jain, sought default bail on grounds of an incomplete complaint filed after the statutory detention period expired—They argued that the complaint registered on 27.07.2022 was premature, asserting that it defeated their right to bail under Section 167(2) Cr.P.C—The State opposed the applications, claiming that a valid prosecution complaint was submitted before the 60-day limit, and the petitioners had acknowledged the completion of investigations—The court's decision will focus on the interpretations of default bail provisions, the implications of cognizance post-complaint, and the sufficiency of prosecut...

Code of Criminal Procedure, 1973, Section 439—Appeal by prisoner to impugn dismissal of Bail Application— Between 2011 and 2016, the appellant was holding the post of Transport Minister in the Government of Tamil Nadu—Broadly, the allegation against the appellant is that while discharging his duties as a Minister, in connivance with his personal assistant and his brother, he collected large amounts by promising job opportunities to several persons in various positions in the Transport Department—This led to the registering of three First Information Reports against the appellant and others—Appellant has been incarcerated for 15 months or more for the offence punishable under the PMLA. In the facts of the case, the trial of the scheduled offences and, consequently, the PMLA offence is not likely to be com...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 37—The context of a bail application under Section 439 Cr.P.C. for FIR No. 49 dated 01.06.2022, registered under Sections 22-61-85 of the NDPS Act, the petitioner, Jagandeep Singh, seeks bail after being in custody for 1 year, 6 months, and 19 days—The petitioner's counsel argues for bail on grounds of prolonged incarceration, non-compliance with Sections 42 and 50 of the NDPS Act, and the slow pace of trial—Despite opposition from the State, citing commercial quantity of contraband and Section 37 NDPS Act restrictions, various Supreme Court rulings—such as Rabi Prakash v. State of Odisha, Mohammad Salman Hanif Shaikh v. State of Gujarat, and Nitish Adhikary @ Bapan v. State of West Bengal—support granting bail due to extended custody and...

Criminal Procedure Code, 1973—Section 439—Bail Application—Offences under Sections 384, 327, and 506 IPC—The petitioner, accused of extortion and criminal intimidation under the guise of journalism, sought bail after being in custody following his arrest under FIR No. 250/2024—He allegedly extorted money by threatening the complainant, who owns a spa, to defame and disrupt the business—The State opposed the bail, highlighting the petitioner’s habitual criminal behavior, with multiple FIRs registered for similar offenses, including hacking and extortion—The court noted the gravity of the offenses, the likelihood of witness intimidation, and the risk of reoffending—Citing the principles laid down in Prasanta Kumar Sarkar v. Ashis Chatterjee (2010), the court emphasized the seriousness of...

Penal Code, 1860 (IPC)—Sections 307, 302—Accused in a case involving serious charges under IPC and Arms Act—The prosecution alleges the accused's involvement in a stabbing incident resulting in the death of a victim. CCTV footage and witness statements implicate the accused—With the trial at the evidence recording stage, the risk of witness tampering is high—Considering the gravity of the charges and potential witness interference, bail is denied—The judgment emphasizes that it doesn't prejudge the case's merits. ...

Penal Code, 1860 (IPC)—Sections 120B—Accused of radicalization towards ISIS and supporting a Caliphate in India, appealed against the dismissal of his bail application under IPC and UAPA—The issue centered on whether material on his digital devices established association with ISIS, justifying bail denial—The appellant argued mere possession of radical material didn't prove ISIS affiliation—The NIA contended he conspired with ISIS, supported by incriminating digital material—The High Court granted bail, stating possession of radical content alone didn't constitute a UAPA offense—Accessing radical material didn't imply ISIS membership or support—The court emphasized tangible evidence of conspiracy beyond possessing radical content. ...

Penal Code, 1860 (IPC)—Sections 363, 365, 372—Protection of Children from Sexual Offences Act, 2012, regarding the alleged abduction and sexual assault of a minor, the bail application of the mother of one of the co-accused, 'K,' is dismissed by the court—The petitioner, a housewife dependent on her family, claims no specific role in the crime—However, the State opposes bail, citing serious allegations and the risk of witness tampering—Relying on the prosecutrix's statement, medical evidence, and the gravity of the charges, the court emphasizes the petitioner's involvement in the offenses and denies bail—The court underscores the dangers of "Virtual Touch" and calls for awareness. ...

Prevention of Money Laundering Act, 2002, Sections 44 read with Section 45—Bail - was invoked in a bail application by an MLA from Okhla constituency in Delhi, filed against the Enforcement Directorate (ED)—The ED accused the applicant of money laundering related to illegal gratification during his tenure as Chairman of the Delhi Waqf Board (DWB)—The allegations included favoritism in leasing Waqf properties, unauthorized job appointments, and misappropriation of DWB funds, with the laundered money used to purchase properties in others' names—The applicant claimed the predicate offences were the same for which he had bail and challenged the ED's proof of any actual crime—However, the court found the material sufficient under Section 45 of the PMLA, indicating a prima facie money laundering offenc...

Prevention of Money Laundering Act, 2002—Section 45—Bail Application Dismissed—Accused in Army Land Scam—Money Laundering and Forgery Charges—Counsel Argues Unfulfilled Arrest Conditions and Claims Parity—Court Analyzes PMLA Object, Scope, and Proceeds of Crime—Examines Authorities' Powers on Summons, Arrest, and Bail—Relies on Supreme Court and High Court Precedents—Section 45(1) Twin Conditions—Accused Fails to Prove Innocence and Non-Recidivism—Parity Rejected, Roles Differ—PMLA Overriding Effect—Compliance Mandatory Even for General Bail Provision Under Section 439 CrPC—Section 24 Presumption Shifts Burden to Accused to Prove No Involvement of Proceeds of Crime. ...

Penal Code, 1860 (IPC)—Section 306—Abetment of Suicide—Bail Application—Accused of abetting his wife's suicide, argued innocence, claiming mutual consent for divorce and weak evidence—Respondents, including authorities and the deceased's mother, alleged harassment, torture, blackmail, and forced illicit relations for dowry—They presented statements from the deceased's minor daughter, the deceased's answer sheet, and a video supporting cruelty claims—The court denied the bail application, deeming allegations serious and fearing the petitioner's influence on the minor daughter—The court directed the trial court to expedite proceedings and record the minor daughter's statement—This decision emphasizes the seriousness of abetment of suicide allegations and highlight...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52A – Smuggling of Heroine—Bail Application—Smuggling of heroin, the court granted bail to the appellant—The prosecution alleged the appellant's involvement in a conspiracy to smuggle heroin from Afghanistan to India for supply to Nigerian nationals, citing recovery from a co-accused, disclosure statements, and WhatsApp chats—The defense challenged the seized heroin's sampling procedure and the admissibility of the appellant's disclosure statement under Section 27 of the Evidence Act—The court, considering the appellant's over four years in custody, absence of recovery from him, and doubts about the co-accused's alleged heroin recovery, granted bail—Noting the non-compliance with the sampling procedure under Sec...

Penal Code, 1860 (IPC), Sections, 229-A, 174-A, 147, 148, 149, 302, 307, 404, 120B and 34—Criminal Procedure Code, 1973 (CrPC), Sections 313, 309, 82—Bail application , which involves charges under various sections of the Indian Penal Code (IPC)—The applicant's counsel argued that there is no incriminating evidence of conspiracy in the case diary, and despite the government's appeal in another case, the applicant has been incarcerated for over six years—It was also highlighted that eight main co-accused have already been granted bail—The court considered the prolonged incarceration, the hostile testimony of a witness, and the absence of credible evidence against the applicant—As a result, the court granted bail to Pankaj Singh with specific conditions to e...

Protection of Children from Sexual Offences Act, 2012 — Sections 3, 4(2), 5(L), 5(G) and 6 — Criminal Procedure Code, 1973 (CrPC) — Section 319 — Penal Code, 1860 (IPC) — Sections 450, 363, 366, 376(2)(N), 376(3) and 376D — Bail Application — Rape with minor girl ....

Criminal Procedure Code, 1973 (CrPC) - Section 439 — Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) — Section 20(b)(ii)(C) — Bail application — After hearing learned counsel for the parties, we are of the view that the fact that the co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the co-accused, namely — Co-accused who was released on bail has not surrendered cannot be a germane factor to decline bail to the appellant — Appeal allowed. ...

Code of Criminal Procedure—Section 439—Prevention of Money Laundering Act, 2002—Sections 7(c), 13(2), 45—Information Technology Act, 2000—Section 66—Indian Penal Code—Sections—420, 468, 471, 120B—Error in granting bail—Appeal against bail orders—Non consideration of S. 45 PML Act— Investigations Pending— Bail applications  allowed by High Court and direction given to enlarge respondent No.1 on bail—Accused facing investigation by ED for scheduled and money laundering offences. ED still investigating— High Court not considering money laundering allegations, not S. 45 PML Act. Impugned orders enlarging respondent No.1 on bail are unsustainable and the matters must be remitted to the High Court for a fresh decision on the bail application. (Para : ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(B), 8(c), 20(a), 20(b), 37—Code of Criminal Procedure—Section 439—Recovery of poppy from home—Bail application—No criminal antecedents—Petitioner was found in conscious possession of 48.7 kg. of poppy straws—Investigation is complete, charge-sheet has been filed and the trial has also commenced—Out of 22, the examination-in-chief of first witness has been completed—Petitioner is in custody for more than 1 year—Conclusion of trial will, thus, take some reasonable time—Petitioner does not have any criminal antecedents—There is, thus, substantial compliance of S. 37 of the NDPS Act—Held—Without expressing any views on the merits of the case, we are inclined to release him on bail.  ...

Bail applications—Code of Criminal Procedure, 1973—Section 439—Indian Penal Code, 1860—Sections 304, 342, 364-A and 120-B—Offences under—FIR—Applicants are in judicial custody—Bail applications filed—They have sought their release on bail—Legality of—Role of applicants 'S' and 'B' is little different—They were in room—Where deceased along with witness 'I' were confined—'I' is only person who is a witness of incident—He fells that on date of incident in night, applicants 'S' as well as 'B' were also sleep on floor—But deceased was still sitting on chair—In morning he tells that deceased was not inside the room—Rooms was locked from outside—Description of window has been given by I...

Criminal Procedure Code, 1973 (CrPC), Section 438—Allowed an unusual appeal and set aside the order dismissing a bail application for non-prosecution—The appellant's bail application had been dismissed by the High Court due to his non-appearance—The Court disapproved of the practice of dismissing bail applications in default but also noted that the appellant should have applied for the order's recall—The order of dismissal was set aside, and the bail application was restored for further consideration by the High Court. ...

Bail Application—Indian Penal Code, 1860—Sections 498-A and 304-B—Dowry Prohibition Act, 1961—Section 3/4—Bail application—Filed by applicant—During trial—Seeking his enlargement on bail—Legality of—FIR—Demand of additional dowry by way of four wheeler—Physical and mental cruelty—Post-mortem conducted—Cause of death of deceased was asphyxia due to ante-mortem strangulation—Charge-sheet submitted—Investigation—During course of investigation first informant and other witnesses ‘R’ ‘S’  and ‘M’ under Section 161 CrPC—Who have supported prosecution story as unfolded in the FIR—After due consideration  of material on record and considering nature of death of deceased—Court prima-f...

Penal Code, 1860—Section 147, 148, 149, 302, 307, 326, 120-B r/w 34—Arms Act, 1959—Section 3,25 and 30—Criminal Procedure Code, 1973—Section 2(wa)—Bail Application—Victim (the De—facto sufferer)—Whether a 'victim' as defined u/s 2(wa) of CrPC is entitled to be heard at the stage of adjudication of bail application of an accused—A 'victim' within the meaning of Cr.P.C. cannot be asked to await the commencement of trial for asserting his/her right to participate in the proceedings—He/She has a legally vested right to be heard at every step post the occurrence of an offence—Victims certainly cannot be expected to be sitting on the fence and watching the proceedings from afar, especially when they may have legitimate grievances Needless to say that the bai...

Penal Code, 1860 (IPC)—Sections 406, 409, 420, 465, 468, 471 and 120B—Prevention of Corruption Act, 1988—Section 13(1)(d)—Arbitration and Conciliation Act, 1996—Sections 9 and 17—Bail application—Gujarat Maritime Board filed a complaint alleging various wrongdoings by ANL, including financial irregularities, non-execution of certain works, creation of shell companies, fund misappropriation, and conspiracy to breach trust, with a claimed potential threat to national security—However, two key reasons challenge the argument regarding national security threats—The project became operational in August 2010, and disputes between the parties only emerged in 2018, primarily related to financial matters—Due to interim protective measures granted by the Arbitral Tribunal under Section 17 o...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Application—Indian Penal Code, 1860 (IPC)—Section 302—Rejection of Regular Bail, Grant of Interim Bail—The petitioner, accused of murder under Section 302 IPC, sought bail after the charge sheet was filed—The trial court and the High Court had previously denied bail due to strong evidence, including witness statements and CCTV footage showing the presence of the accused with the deceased—The High Court rejected the regular bail petition, citing no new circumstances—However, considering humanitarian grounds raised in I.A. No.1 of 2020—including the petitioner's role as the sole earning member supporting his family—the court granted interim bail for 60 days with strict conditions—The petitioner was required to su...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Application—Allegations of Abetment to Suicide—The petitioner sought bail after being denied by the trial court in Crl. Misc. 36/2020, related to Crime No. 29/2020 for offences under Sections 306, 504, 506, and 201 IPC—The case arose from the suicide of Mahesh D'Souza, a priest, allegedly due to threats from the petitioner concerning an alleged illicit relationship with the petitioner’s wife—The petitioner claimed the accusations were politically motivated and maintained that he has strong community ties, having served as Panchayat President for three terms—Despite opposing arguments from the prosecution regarding potential tampering with evidence, the court found the petitioner a law-abiding citizen with no history of absconding&mdas...

A bail application under Section 439 of the CrPC, the petitioner was accused of offences under Sections 420 and 506 of the IPC and Section 3(1)(s) of the SC and ST (Prevention of Atrocities) Act, 1989—The victim, a Scheduled Tribe member, alleged that after six years of physical contact based on the accused's promise to marry her, he refused to do so after she became pregnant, claiming her caste as a reason—Additionally, the accused allegedly took valuables from the victim—The court noted that the consent of the victim and the circumstances surrounding their relationship must be assessed at trial—Given the nature of the offences, which are not punishable by death or life imprisonment, and the petitioner’s cooperation with authorities, bail was granted with conditions including a personal bond, witnes...

Penal Code, 1860 (IPC)—Sections 420, 177, 181, 193, 200, 120­B, 498­A, 323 and 506—Bail application—High Court ought to have kept in view that 'Bail is rule and jail is exception—The High Court should have borne in mind the principle that 'Bail is the rule, and jail is the exception.' Granting or denying bail is not a mechanical decision, as it directly affects an individual's liberty. In the unique circumstances of this case, where a closure report was filed twice, the High Court should not have denied bail solely because the trial court had not yet accepted the report. Additionally, the examination of witnesses would hinge on the outcome of the second closure report. Considering both the nature of the allegations against the appellant and the time he has already spent in custody, this Cour...

A bail application under Section 439 of the Code of Criminal Procedure, 1973, the petitioners, Chandrashekhar and Appashebagouda, sought regular bail in Crime No. 103/2019, registered at Kembhavi Police Station for offenses under Sections 143, 147, 148, 323, 324, 307, 504, 506 read with Section 149 of the Indian Penal Code, 1860—The complainant alleged that the petitioners, forming an unlawful assembly, assaulted his brother, Bhimanagouda, causing serious injuries—The court noted that the incident occurred in daylight and questioned the applicability of Section 307 IPC—The injured party was discharged from the hospital with minor injuries. Considering that other accused had been granted bail and imposing reasonable conditions, the court allowed the petitioners' bail application, requiring them to execute a personal b...

Criminal Procedure Code, 1973—Section 439—Bail Application—Petitioner, accused of abetting murder under Sections 109, 302, 449, and 506(2) read with Section 34 IPC, sought bail in a double homicide case—The petitioner was implicated based on a supplementary statement of the complainant, alleging that he had instigated accused Nos.1 to 3 to kill the deceased due to an inter-community marriage—The petitioner argued that there was no prima facie evidence of his involvement, as he was not present at the crime scene, and the allegations were made during the investigation—The Court, noting the lack of direct material against the petitioner and his permanent residence and employment, held that there was no risk of absconding or tampering with witnesses—The petitioner was granted bail with conditions, inc...

Maharashtra Control of Organised Crime Act, 1999—Section 3(1)(ii), Section 3(2), Section 3(4)—Alleged offenses under various sections of the Indian Penal Code and the Maharashtra Control of Organised Crime Act 1999 (MCOCA)—The case in question, Special Case No. 1 of 2018, was transferred from one MCOCA Judge to another in Thane, Maharashtra—The Supreme Court found fault with the High Court for questioning the initial judge's expeditious handling of a bail application but allowed the appeal, directing the transfer of the case to the senior-most MCOCA Judge in Mumbai and expeditious handling of the bail application. ...

Bail Application—Appellant, Vijay Kumar, facing trial for various IPC offences, including forgery, had been denied bail by the High Court based on a forensic report—Despite a lengthy pending trial and the release of co-accused on bail, the Supreme Court granted bail to Vijay Kumar, subject to conditions set by the trial judge—The High Court's previous denial of bail was overturned. ...

Appeal against the High Court's rejection of the bail application filed by the Appellant, who is facing trial for various offenses including those under the Indian Penal Code and the Prevention of Corruption Act. The Appellant's counsel raised four key points in support of the appeal. First, the Appellant was not named in the FIR, a fact that should have been considered. Second, the investigation is complete, and a charge sheet has been filed against all accused, including the Appellant. Third, the Appellant is elderly and unwell. Fourth, the Appellant has been in custody for six months, and his family has no one to support them. Given these factors, the counsel argued that the Appellant, who has cooperated in the investigation, should be granted bail. ...