Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20(b)(ii)(C)—Special Leave Petition arising from an interim bail order passed by the Odisha High Court, the Supreme Court condoned the delay and granted regular bail to the petitioner, who was accused under Section 20(b)(ii)(C) of the NDPS Act and had already undergone approximately three years of incarceration—Taking into account the period of custody and the overall circumstances of the case, the Court held that a case for regular bail was made out and directed the petitioner’s release on usual terms as determined by the concerned Court—Importantly, the Court expressed concern over a recurring pattern in cases from the Odisha High Court where repeated interim bail is granted to the same applicant—While recognizing that interim bail may be ne...

Code of Criminal Procedure, 1973—Section 439—Grant of Bail—The appellants, petitioners before the Madras High Court, were granted bail on July 25, 2019, but with a condition to hand over possession of certain property to the de facto complainant—The court ruled that such a condition was impermissible, as the High Court cannot issue decrees for restoration of possession in bail proceedings—Citing precedents, the offending condition was set aside, and interim protection was made absolute—The parties were encouraged to seek mediation at the High Court’s Mediation Centre on April 30, 2025, with the option for civil litigation if no settlement is reached. ...

Constitution of India, 1950—Article 21—Right to Speedy Trial—Bail on Ground of Long Incarceration—An undertrial's right to a speedy trial under Article 21 is infringed by prolonged pre-trial detention—In cases where the accused has been incarcerated for over 13 years with no foreseeable conclusion to the trial, the Constitutional Court may grant bail, considering the systemic delays and balancing the gravity of the offence with the right to liberty—This applies even in serious or heinous crimes, acknowledging the right to speedy justice (Paras 2-28). Bail Jurisprudence—Bail is the rule, jail is the exception—Pre-conviction deprivation of liberty is a form of punishment and should only be applied to ensure trial attendance or prevent tampering with evidence—Bail aims to secure th...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Section 37—Bail in Commercial Quantity Cases—Under Section 37 of the NDPS Act, granting bail in cases involving commercial quantities of narcotics imposes stringent conditions—The Court must have reasonable grounds to believe that (i) the accused is not guilty of the offence, and (ii) the accused is not likely to commit any offence while on bail—These twin conditions are cumulative and mandatory—The term "reasonable grounds" requires substantial, probable causes based on facts and circumstances, beyond mere prima facie evidence—The grant of bail to one co-accused does not entitle another accused to bail on grounds of parity, especially when the reasons for granting bail to the former (such as age) are not applicable—Wh...

Code of Criminal Procedure, 1973, Section 161, Section 439—Bail—In this appeal, the State of Uttar Pradesh challenged the directions issued by the learned Single Judge of the High Court, which directed the Director, Central Bureau of Investigation (CBI) to register a case and conduct an investigation based on a statement made by Dr—Umakant under Section 161 of the Code of Criminal Procedure, 1973, in the context of a bail application—The State contended that such directions in a bail application had been deprecated by the Supreme Court in various precedents, including State of West Bengal v—Committee for Protection of Democratic Rights, M. Murugesan v. State, Seemant Kumar Singh v. Mahesh PS, and Union of India v. Man Singh Verma—The State further argued that the Uttar Pradesh Government had r...

Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 479—Provides for the release of an undertrial prisoner on bail/bond if they have undergone detention for up to one-half of the maximum imprisonment for the offence (excluding death or life imprisonment offences), recognizing the constitutional right to a speedy trial under Article 21—The first proviso grants an exception for first-time offenders, mandating their release after one-third of the maximum sentence—The second proviso allows the court to order continued detention after the specified period if the offence is grave or the prisoner poses a flight risk or threat to justice, after hearing the Public Prosecutor and recording reasons—This power applies equally to both general undertrials and first-time offenders—When considering bail under Secti...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Interim bail can be granted on humanitarian grounds despite statutory restrictions, particularly when an appeal is pending and there are exceptional circumstances—While Section 37 of the NDPS Act imposes stringent conditions on the grant of bail in cases involving commercial quantities of narcotics, courts may consider granting interim bail or suspending a sentence on humanitarian grounds, particularly when an appeal is pending and the convict’s presence is urgently required due to exceptional circumstances—Humanitarian considerations, such as the serious illness of a close family member, can warrant a temporary release, provided there is no likelihood of misuse or flight risk—In the present case, the High Court allowed interim a...

Criminal Procedure Code, 1973—Section 439—Regular Bail—Grant of Bail in Serious Offences—Delay in Trial—The appellant, accused in a case under Sections 376(2)N, 376(g), 377, 323, 294, 506, and 34 IPC and Section 25 of the Arms Act, 1959, sought regular bail after the High Court of Madhya Pradesh rejected his application—The prosecution alleged serious offenses; however, the appellant contended that he was falsely implicated due to a matrimonial dispute between the main accused and the prosecutrix—He had been incarcerated for three years, and the trial was proceeding slowly, with only one out of thirty-eight witnesses examined—The State opposed bail, emphasizing the gravity of the allegations and the appellant’s role—The Supreme Court observed that prolonged incarceration and dela...

Section 439 CrPC / Section 483 BNSS, 2023—Bail—Repeated Bail Applications—Change in Circumstances—Prolonged Incarceration—Co-Accused Granted Bail—The Madhya Pradesh High Court allowed the fourth bail application of the applicant, Dharmendra, who had been in custody since 29.03.2023 in connection with serious offences under IPC, the Prevention of Corruption Act, and the IT Act—Earlier bail applications were rejected, and even the Supreme Court had dismissed the SLP filed against the second rejection—However, the Apex Court later clarified in SLP (Crl.) No.14979/2024 that such dismissal does not bar the High Court from considering fresh bail on merits in changed circumstances or due to trial delays—The Court noted that the applicant had undergone nearly two years of incarceration while o...

(A) Criminal Procedure Code, 1973—Section 439(2) [Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483(3)]—Bail—When deciding bail, factors like lack of criminal antecedents and period of custody are valid but cannot outweigh the offence's gravity and societal impact—In cases involving alleged tampering with a public examination process, the potential to undermine public trust is significant—This societal impact justifies the denial of bail, as the offence poses a serious threat to the integrity of public institutions and the rule of law—The court prioritizes maintaining public confidence and preventing further harm over individual considerations in such cases. (Paras 6, 9, 10, 11) (B) Criminal Procedure Code, 1973—Section 439, 482 [Bharatiya Nagarik Suraksha Sanhita, 2023—Secti...

Criminal Procedure Code, 1973—Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail—Speedy Trial and Parity—The constitutional guarantee of a speedy trial under Article 21 must be given due weight even in bail considerations under stringent statutes like the NDPS Act—Where trial is unduly delayed and the accused has not contributed to the delay, prolonged incarceration becomes unjust and violative of personal liberty, as the purpose of pre-trial detention is only to secure the accused’s presence, not to inflict anticipatory punishment—In such circumstances, the presumption of innocence must prevail and continued detention may amount to a denial of justice—[Paras 7, 8, 9, 19] Further, the principle of parity is a relevant factor in bail decisions under ...

Bail allowed. Criminal procedure code, 1973, Section 439—Bail, Second Application—Appeal by Under trial prisoner—Even if an earlier bail application is rejected, an accused can make a fresh application at a subsequent stage on the ground of material change in circumstances—Therefore, it was the duty of the High Court to consider the bail application on merits—However, that has not been done—After the first bail application was rejected, now all the eyewitnesses have been examined—This was a major change in circumstance brought about after the dismissal of the first application for bail by the Sessions Court—Considering this fact and considering the long duration of incarceration, the appellant is entitled to be enlarged on bail pending the trial. (Para 6) Result :- Appeal allowed. ...

Narcotic Drug and Psychotropic Substances Act, 1985 NDPS—Section 8(C), 21, 29—Criminal Procedure Code, 1973 – Section 439 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483]—Bail application—Appeal by Government to impugn relief of compensation—Compensation to the respondent for the alleged wrongful confinement—Aggrieved by the said direction, the Union of India through NCB has preferred the present appeal—High Court proceeded to adjudicate the pending bail application and vide the impugned order observed that the respondent was a young person who had been wrongfully confined for four months despite the initial laboratory finding and, therefore, directed the Director, NCB to pay Rs.5,00,000/- as compensation to the respondent within a period of two months and to file a compliance ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—The petitioner has filed a second bail application under Section 483 of the BNSS Act in connection with FIR No. 250/2023 at Police Station Adarsh Nagar, Ajmer, for offences under Sections 8/15 of the NDPS Act—The first bail application was rejected on 13.08.2024—The petitioner, arrested on 03.09.2023, has been in custody for over fifteen months, and despite the charge-sheet being filed on 18.02.2024 and charges framed on 05.08.2024, only one prosecution witness has been partly examined—The delay in trial is attributed to the non-appearance of prosecution witnesses—The petitioner’s counsel argued that this infringes his right to life and liberty under Articles 20, 21, and 22 of the Constitution—The Public Prosecutor opposed the b...

Criminal Procedure Code, 1973—Section 437(6)—Indian Penal Code, 1860, Sections 420, 201, 120-B read with Section 34—Bail—The appellant challenged the High Court’s denial of regular bail in connection with Crime No.460/2023, involving economic offences under Sections 420, 201, 120-B read with Section 34 of the Indian Penal Code, related to a cryptocurrency scam amounting to approximately Rs. 4 Crore, which affected about 2000 investors—The trial, ongoing before the Chief Judicial Magistrate, Raipur, had examined only one witness, with 189 more witnesses scheduled—The appellant has been in custody since December 2023—The appellant relied on Section 437(6) of the Criminal Procedure Code (CrPC), which mandates bail if the trial is not concluded within 60 days from the first date fixed for eviden...

Bail granted. (A) Criminal Procedure Code, 1973, Section 439—Bail—Offence of helping supplying to Naxalite—The trial is in progress—Till this date the prosecution has been able to examine 42 witnesses—The prosecution intends to examine as many as 100 witnesses—Once the trial commences and the witnesses are being examined then in serious crimes like murder, dacoity, rape, etc, the Court ordinarily should not exercise its discretion for the purpose of grant of bail, more particularly, looking into the evidence which has come on record—However, this is a case in which the appellant is in custody as an under trial prisoner since 24th March, 2020—He has no other antecedents—The panch witnesses to the recovery panchnama have also turned hostile—It's been now 5 years that he is i...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 36A(4)—The petitioner, Dheeraj Singh Parmar, is in custody in connection with FIR No. 276/2024, registered under Section 8/22 of the NDPS Act, for the alleged recovery of 24.75 grams of MDA—The petitioner contended that the seizure of contraband was false, and the recovery was below commercial quantity—He also argued that the provisions of Sections 42 and 50 of the NDPS Act were not followed—The FSL report, however, confirmed the substance as methamphetamine, which has a higher commercial quantity threshold (50 grams)—Despite this, the recovered quantity was below the commercial limit—The prosecution also highlighted an additional NDPS case against the petitioner—The court observed that the FSL report was delayed by nearly 130 days...

Prevention of Money Laundering Act, 2002—Section 45, 50—Mandatory Conditions for Bail—Offence of Money Laundering—Takes precedence over the general provisions of the Code of Criminal Procedure, 1973, in case of any conflict—For granting bail under Section 45 of the PMLA, two mandatory conditions must be fulfilled: (i) the Public Prosecutor must be given an opportunity to oppose the bail application, and (ii) the court must be satisfied that there are reasonable grounds to believe that the accused is not guilty and will not commit any offence while on bail—Failure to consider these conditions renders the order unsustainable in law, as seen in the case where the High Court failed to comply with these requirements, making the impugned order untenable—Additionally, statements recorded under Section 50...

Criminal Procedure Code, 1973—Section 439—Bail—The right to a speedy trial under Article 21 of the Constitution is crucial in bail decisions—Prolonged pre-trial detention, such as 3.5 years in a serious case like Section 302 IPC, due to systemic delays in trial (with limited progress in witness examination), violates this right—The purpose of pre-trial detention is to secure the accused's presence, not as punishment, and continued incarceration without imminent trial conclusion undermines the presumption of innocence—While the seriousness of the offense is considered, it should not outweigh the constitutional mandate for a timely trial—Delays in trial progress, particularly when not caused by the accused, significantly diminish the justification for prolonged detention—Bail serves to ens...

Criminal Procedure Code, 1973—Section 439—Bail—Prolonged pre-trial incarceration of nearly six years in a murder trial violates the fundamental right to a speedy trial under Article 21 of the Constitution, particularly when delays are due to systemic factors and not the accused’s fault—This inordinate delay becomes a compelling ground for granting bail, even for serious offenses, as pre-trial detention is not meant to be punitive—Under Section 439 of the Criminal Procedure Code, a subsequent bail application may be considered when there is a material change in circumstances, such as continued trial delays despite prior orders for expeditious proceedings—Additionally, the principle of parity applies when a co-accused facing similar charges has been granted bail on similar grounds of prolonged deten...

Criminal Procedure Code, 1973—S.439—Bail Application and Right to Speedy Trial: Legal Considerations—Under Section 439 of the Criminal Procedure Code, a subsequent bail application may be considered when there is a significant change in circumstances—This could include new developments, such as the testimony of a key eyewitness (PW-13) who fails to implicate the accused at trial, altering the evidentiary landscape against them—Additionally, prolonged pre-trial detention—especially when exceeding a reasonable period, such as over three years in this case—violates the right to a speedy trial under Article 21 of the Constitution—In such situations, the slow progress of the trial, with only 14 out of 42 witnesses examined, becomes a strong ground for granting bail—Further, unexplained dela...

NDPS Act, 1985—Bail Grant under Section 37—In this case, the applicant sought bail in connection with an offense registered under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), 1985, involving the recovery of a commercial quantity of Ganja—The primary legal issue was whether the applicant should be granted bail, given the stringent conditions of Section 37 of the NDPS Act, which imposes a higher threshold for granting bail in cases involving serious narcotic offenses—The court granted bail, considering several factors: the applicant’s period of incarceration, lack of a prior criminal record under the NDPS Act, good conduct in jail, and delays in the trial process—The court balanced the statutory provisions under Section 37 with the individual circumstances of the case, finding sufficient...

Penal Code, 1860 (IPC)—Sections 364-A, 384—The applicant sought bail after being incarcerated for over four years without trial, facing charges under Sections 364-A, 384, 385, 386, and 387 of the IPC, as well as Sections 3 and 25 of the Arms Act, 1959—The court granted bail, considering the lack of direct evidence linking the applicant to the crime, the delayed complaint from the first informant, and the discovery of a plastic pistol instead of a real weapon—The bail was granted subject to certain conditions: regular reporting to the police, geographical restrictions, cooperation with the trial, and prohibition on influencing witnesses or leaving the state without permission—The conditions were designed to ensure the applicant’s presence at trial and preserve the integrity of the proceedings, without ma...

Penal Code, 1860 (IPC)—Sections 302—The High Court addressed the issue of delayed trials and its impact on the personal liberty of under-trials, emphasizing the right to speedy justice under Article 21 of the Constitution of India—The applicant, who had been incarcerated for 7 years, 10 months, and 12 days, sought bail under Sections 302 and 201 of the Indian Penal Code, 1860, and Sections 37(1) and 135 of the Bombay Police Act, 1951—The Court highlighted that prolonged detention without trial infringes upon an individual's right to personal liberty, reiterating that bail is the rule, and jail is the exception—Given the circumstantial nature of the evidence against the applicant and the unlikely prospect of a swift trial, the Court, citing several Supreme Court judgments, granted bail—The judgment r...

Penal Code, 1860 (IPC)—Sections 363—The Applicant has filed a bail application under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail in C.R. No. 246 of 2023, where he has been incarcerated since 15.08.2023 for offences under Sections 363, 376(2)(f)(j)(n), and 376(3) of the IPC and Sections 4, 6, 8 of the POCSO Act—The prosecutrix, who is the Applicant's cousin sister, was 14 years and 6 months old at the time of the alleged incidents, which occurred between April and May 2023—The Applicant, aged 20, and the prosecutrix resided together with their families—The Court, considering the Applicant's young age and the potential negative impact of prolonged incarceration, granted bail with conditions, including a bond of Rs. 25,000, monthly reporting to the Investigating Officer, coo...

Criminal Procedure Code, 1973—Section 50 (Section 47, B.N.S.S.)—Constitution of India, 1949—Article 22(1) and 22(5)—Person arrested to be informed ofgrounds of arrest and of right to bail—The washandcuffed and chained to the hospital bedduring his hospitalization—The legal framework mandates that an arrested person must be informed of the grounds of arrest and their right to bail in a language they understand—This requirement is not a mere formality but a mandatory constitutional obligation—Failure to comply with this requirement renders the arrest illegal, invalidating any subsequent custody or remand orders—The burden of proof for compliance with this requirement lies with the police—When an arrested person is produced before a Judicial Magistrate for remand, it is the duty of ...

Narcotic Drug and Psychotropic Substances Act, 1985, Section 37—Criminal Procedure Code, 1973, Section 167(2)—Default bail—The petitioner, facing charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, sought bail on two grounds: default bail and prolonged incarceration—The Court, after reviewing the trial court record, noted that the charge-sheet was filed within the stipulated 180-day period, and therefore, the petitioner was not entitled to default bail under Section 167(2) of the Cr.P.C—The Court emphasized that the NDPS Act, which aims to curb drug trafficking, imposes restrictions on granting bail, especially in serious offenses like drug trafficking—The petitioner’s prolonged incarceration could not be a valid reason for bail, as such detention was authorized by law—M...

Prevention of Money Laundering Act, 2002—Sections 3, 45—The court granted bail to Suraj Satish Chavan, the applicant, in a money laundering case under the Prevention of Money Laundering Act (PMLA), 2002—The applicant had been in custody for over a year without the commencement of trial—Emphasizing the constitutional right to a speedy trial under Article 21, the court observed that the delay in trial and the improbability of its conclusion in the near future warranted the grant of bail—The court further highlighted that the applicant had fully cooperated with the investigation and that the chargesheet had already been filed—In light of these factors, the court relaxed the stringent conditions under Section 45 of the PMLA, which typically imposes strict requirements for bail, citing the prolonged incarcer...

Penal Code, 1860 (IPC)—Section 302—The court granted bail to a 20-year-old student accused of murdering his father, under Section 302 of the Indian Penal Code (IPC)—The applicant, who had been verbally abused by his father, committed the crime under grave and sudden provocation—The court considered the applicant’s young age, educational background, and lack of prior criminal history in its decision—It was noted that the applicant had voluntarily confessed to the crime and expressed remorse—Emphasizing the importance of reformation and rehabilitation for young offenders, the court concluded that the applicant should be given the opportunity to continue his education and reintegrate into society—The court, therefore, granted bail, recognizing the circumstances leading to the crime and prioriti...

Grant of bail. Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 18 and 37—Criminal Procedure Code, 1973—Section 439 [Bharatiya Nagarik Suraksha Sanhita, 2023 – Section 483]—Grant of bail—The respondent-accused is currently under arrest in connection with another offense punishable under the NDPS Act, which was registered subsequent to the present offense—Considering the submissions made by both parties' counsel, the nature of the offense, and the fact that the respondent is already arrested for a similar offense under the NDPS Act, the court finds it appropriate to set aside the impugned order of the High Court granting bail—The High Court's order is thus set aside, and the respondent’s bail is revoked in light of these circumstances and the seriousness of the o...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20, 29—The petitioner sought bail after being arrested for possessing 1.524 kg of charas, a commercial quantity—The petitioner argued for bail based on parity with a co-accused, while the state opposed the petition, citing the large quantity of drugs recovered and the petitioner’s criminal history—The court emphasized the provisions of Section 37 of the NDPS Act, which mandate that bail can only be granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty—The burden of proof was placed on the petitioner to demonstrate entitlement to bail—The court observed that the investigation provided prima facie evidence linking the petitioner to the crime, and there was no unreasonable prolongatio...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 18—The applicant sought regular bail under Section 439 of Cr.P.C. and Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), in connection with FIR No. 67/2023 registered at Police Station Special Cell, Delhi, for offences under Sections 18/29 of the NDPS Act—The applicant was arrested along with two co-accused for possessing commercial quantities of opium (70.308 kg and 30.03 kg), procured from Imphal and intended for delivery in Delhi—The applicant argued that the chargesheet was incomplete due to the absence of the FSL report, which is crucial for confirming the narcotic’s composition—The Court rejected the bail application, stating that the NDPS Act mandates reasonable grounds for bail, which were not established due to the g...

Bail upheld. Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Bail— Appeal by prosecution to impugn suspension of sentence and bail to the respondent/accused pending an appeal against the conviction—In the case of fixed-term sentences, if the Courts start adopting a rigid approach, in a large number of cases, till the appeal reaches the stage of the final hearing, the accused would undergo the entire sentence—This will be a violation of the rights of the accused under Article 21 of the Constitution—Moreover, it will defeat the right of appeal—Appeal preferred by the respondent is not likely to be heard before he undergoes the entire sentence—He has already undergone a substantial part of his 10-year sentence—Therefore, there is no reason to interfere with the impugned...

Narcotic Drugs and Psychotropic Substances Act, 1985—21(b), 29—Bail—Conscious Possession and Prima Facie Evidence — The applicant sought bail under Section 483 of the BNSS read with Section 37 of the NDPS Act for the accused, Shri Siraj Ali, charged under Sections 21(b)/29 NDPS Act in Crl. NDPS Case No. 26 of 2024—The accused was arrested after heroin (79.81 grams) was found under his bus seat, allegedly in his conscious possession—The defense argued the accused was a mere passenger unaware of the contraband, citing Avtar Singh v. State of Punjab, where mere proximity to contraband did not imply possession—The prosecution opposed bail, citing the serious nature of drug offenses and previous bail denials—The court noted the seriousness of the offense and the necessity for trial to determine p...

Bharatiya Nyaya Sanhita, 2023—Sections, 351(2), 118(2), 191(3), 190—Regular Bail—Prolonged Pre-trial Detention—Considerations under Article 21 of the Constitution—The petitioner sought regular bail under Section 483 of the BNSS, 2023, for alleged involvement in an assault case registered under multiple sections of the BNS, 2023—The petitioner argued false implication, lack of corroborative evidence, and unreliable identification—The State contended the grievous nature of injuries and recovery of the weapon from the petitioner—However, the petitioner, aged 21 with no prior criminal record, had been in custody for over two months, with trial progress stagnant and no prosecution witnesses examined—Relying on Satender Kumar Antil v. CBI (2022) 10 SCC 51, the Court emphasized the overpopula...

Criminal Procedure Code, 1973 , Section 439—(483 Bhartiya Nagrik Suraksha Sanhita 2023)—Narcotic Drug and Psychotropic Substances Act, 1985 NDPS, Section 67—Bail—The petitioner, Shyam Lal, sought bail under Section 439 Cr.P.C. in connection with F.I.R. No. 457/2023 registered at Police Station Suratgarh, District Sri Ganganagar—The court, after considering the rival submissions and facts, decided to grant bail without expressing any opinion on the merits of the case—The petitioner is directed to be released on bail, subject to the condition of furnishing a personal bond of Rs. 1,00,000/- and two sureties of Rs—50,000/- each, to the satisfaction of the trial court—The petitioner is required to appear before the trial court on each date of hearing and whenever called upon until the trial concl...

Bharatiya Nyaya Sanhita, 2023—Sections 126(2), 115(2)—The petitioner's bail application, filed under Section 482 of the Bharatiya Nyaya Sanhita (BNS), was considered in light of the principle of judicial discipline—The court emphasized the necessity of providing reasons when rejecting bail for a co-accused in the same case, especially if other co-accused have been granted bail—The principle of parity ensures equal treatment under Article 14 of the Constitution—In this case, the petitioner, the 8th accused, faced allegations less serious than those against co-accused who were already granted bail—The court found the rejection of the petitioner's bail application by the Principal Sessions Judge without sufficient justification to be improper—Drawing on precedents like Chidambaram v. Director...

Penal Code, 1860 (IPC)—Sections 354(A)—The appellant, convicted under Sections 354(A)/354(D) of the Indian Penal Code, 1860, and Sections 9/10 of the Protection of Children from Sexual Offences Act, 2012, was sentenced to 5 years' imprisonment—He filed an appeal before the High Court of Delhi, which was pending—The appellant applied for suspension of sentence and release on bail under Section 389(1) of the Code of Criminal Procedure, 1973, but the High Court rejected the application—This appeal was filed against the rejection—The Supreme Court, after considering the appellant's incarceration for over two years and eight months, noted that the appellant had served more than half of the sentence—Given the backlog of criminal appeals in the High Court, the Court emphasized the potential injus...

Penal Code, 1860 (IPC)—Section 302—The appellant, convicted under Section 302 of the Indian Penal Code, 1860, and serving a life sentence, has been incarcerated for over 10 years—Despite an order dated 29th November 2024 directing the High Court to prioritize the hearing of the criminal appeal due to the appellant's prolonged incarceration, the appeal has not been listed for consideration—The appellant, aggrieved by the delay, sought relief, citing the statutory right to appeal under the Code of Criminal Procedure, 1973—The Supreme Court noted the immense burden on High Court judges but emphasized that continued incarceration without an early decision on the appeal could render justice illusory—Exercising its power under Article 142 of the Constitution, the Court decided to suspend the appellant'...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section(s) 8—The appellant, an accused in FIR No. 49/2021 registered under Sections 8, 22, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, challenged the High Court's decision to dismiss his bail plea—The appellant had been in custody since March 1, 2021, and only one out of 17 witnesses had been examined, with no independent witnesses to the seizure—Given the prolonged incarceration, slow pace of the trial, and absence of independent witnesses, the Supreme Court granted bail to the appellant, setting aside the High Court’s order—It was clarified that the grant of bail should not be construed as a determination on the merits of the case—The appellant was directed to appear before the trial court as scheduled, and failure ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 52A—The petitioner sought bail in connection with FIR No. 151/2011, facing charges under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—The petitioner argued the applicability of Section 52A of the NDPS Act in relation to search and seizure procedures, citing the judgment in Yusuf @ Asif vs. State (Criminal Appeal No. 3191 of 2023)—In contrast, the State referred to Narcotics Control Bureau vs. Kashif (2020) which clarified that Section 52A governs the disposal of seized substances and that procedural irregularities in search and seizure do not automatically render evidence inadmissible—It was also noted that the issue regarding Section 52A’s applicability in search and seizure proceedings is pending before the Chief Justi...

Bharatiya Nyaya Sanhita, 2023—Sections 3(5), 332-C, 115(2), 118, 190, 191(3), 109, and 351(2)—Anticipatory Bail—Contradictory Versions in FIR and General Diary (GD): The petitioner sought anticipatory bail, arguing that further pre-trial incarceration would cause irreversible injustice to him and his family—The State opposed the bail, citing the status report—The court observed contradictions between the FIR and GD, noting that the recorded injuries were simple in nature—Considering these factors, the court concluded that pre-trial incarceration was unwarranted at this stage—While granting anticipatory bail, the court imposed specific conditions, emphasizing the need to protect the victim and society—The petitioner was restricted from possessing firearms and directed to comply with all stipu...

Criminal Procedure Code, 1973 (CrPC)—Section 438—Bail—The petitioner was granted bail but has argued that the deposit condition should not be imposed. He has requested a first deposit of Rs. 5,00,000/-, which he believes is sufficient—The court issued a notice, returnable within four weeks, and ordered the petitioner to be released on bail without deposits. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 27—The appellant, Irfan Iqramuddin Khan, has been granted bail during the prosecution/trial in NDPS Special Case No. 244 of 2022—The trial court will set terms and conditions, and Khan must provide a mobile number for contact with the investigating officer—The appeal is allowed and disposed of in this manner—The observations made are for the disposal of the appeal and bail, and any pending applications will stand disposed of. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c)—The appellant, Mustafa Johar Vana, has been granted bail for the offences punishable under Sections 8(c), 22(c), and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985—The court has set terms and conditions for his release, and he must provide a mobile number for contact with the investigating officer—The appeal is allowed and disposed of, and any pending applications will stand disposed of. ...

Criminal Procedure Code, 1973 (CrPC)—Section 438—Bail—The appeal challenges the High Court of Madras' judgment and order dated 05.07.2024, which granted interim anticipatory bail to the appellants for a crime registered under Sections 406, 420, 468, and 120B of the Indian Penal Code, 1860—The court imposed multiple conditions, including a deposit of Rs.10,000/- to the credit of Crime No. 213 of 2023 and release on interim anticipatory bail upon executing a bond of Rs.10,000/- with two sureties—The court has allowed the appeal and directed the appellants to extend complete cooperation in the trial, not misuse their liberty, and not interfere with the other conditions imposed by the High Court—Any infraction of these conditions will result in bail cancellation. ...

Criminal Procedure Code, 1973 (CrPC)—Section 438—Bail—Penal Code, 1860 (IPC)—Section 376—The petitioner, in custody since 16.01.2024, was released on interim bail due to his medical condition—After surrendering on 16.01.2025, the court deemed it appropriate to release him on bail, provided he provides suitable bail bonds and sureties and other terms as deemed fit by the trial court—The petitioner must abide by the conditions and regularly attend the trial until exempted—If any violations occur, the trial court can take recourse—The special leave petition stands allowed, and any pending applications are disposed of. ...

Penal Code, 1860 (IPC)—Sections 302—The petitioner sought bail under Section 483 of the BNSS in connection with Choudwar PS Case No.159 of 2023, alleging involvement in the murder of Lucky Rout under Sections 302/34 of the IPC—The petitioner, represented by counsel, argued that his long detention, the hostile witnesses, and his lesser role in the crime justified bail—However, the prosecution opposed the application, citing the prima facie case against the petitioner and his involvement in multiple other criminal cases, emphasizing the risk of repeated offenses and potential harm to the prosecution's case if released—The Court, referencing the decision in Ash Mohammad v. Shiv Raj Singh and a recent Apex Court ruling on serious offenses, affirmed that liberty is not an absolute right and is subject to restr...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21—Kalu Ram, a bail petitioner in custody since February 14, 2024, has sought regular bail under Section 483 of the Bhartiya Nagrik Suraksha Sahinta (BNSS) based on a FIR No.33 of 2024 dated 14.02.2024—The bail petitioner has been falsely implicated in the NDPS Act, and there is no evidence to connect him with the accusation—The bail petitioner has filed multiple bail applications, but none have been dismissed—The court has also ruled that personal liberty under Article 21 of the Constitution of India cannot be curtailed by prolonging detention—The bail petitioner has filed an instant bail petition through his son, with the prayer for releasing him on bail—State authorities have provided Status Reports, which reveal the stage and status...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 483—Bail—Interim Bail Denied—Custody Parole Granted—In a case involving a former Municipal Councillor accused in multiple FIRs related to the 2020 Delhi Riots, including charges of murder and money laundering, the petitioner sought interim bail to contest the 2025 Delhi Assembly Elections from Mustafabad—The petitioner, who has been in judicial custody since 2020, argued that he has a constitutional right to participate in elections, citing precedents where interim bail was granted for similar purposes—The State opposed, highlighting the gravity of the charges, the petitioner’s influence in the riot-affected area, and the potential risk of witness tampering—The court, considering the seriousness of the charges, the petitioner’s inf...

Penal Code, 1860 (IPC)—Sections 420—The case of M. Mohamed Sirajudeen's bail application concerning FIR No. 0185/2017, filed under Sections 420, 406, 467, 468, 120-B, and 34 of the IPC, the applicant is accused of fraud, forgery, and conspiracy related to six forged bank guarantees provided by the Accused Company to Intex Technologies—The applicant, serving as Managing Director, denies involvement in the fraudulent acts, claiming no operational control over the company’s finances—The prosecution asserts that he played an active role in the fraud and non-cooperation with the investigation—The investigation is complete, and the chargesheet has been filed—The applicant has been in custody since his arrest in March 2024, nearly six years after the FIR. Pre-trial detention is not punitive, and no f...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21, 22—In this case, the petitioner sought regular bail under Section 439 of the Criminal Procedure Code (Cr.P.C.) in FIR No. 348 dated 24.11.2023, registered under Sections 21/22/61/85 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act—The prosecution's case is based on the recovery of 980 intoxicating pills from the petitioner during a blockade—The petitioner contended that the recovery was a chance one, and the procedure under Section 50 of the NDPS Act was not properly followed—The petitioner had no criminal record and had been in custody for over a year—The State emphasized the recovery of a significant quantity of drugs, arguing that it exceeds the commercial quantity—The Court, after considering the time already spe...

Bharatiya Nagarik Suraksha Sanhita, 2023—Section 528—Seeks to quash the order dated 11.12.2024, which cancelled the petitioner's bail due to his non-appearance in the trial court—The petitioner had been granted regular bail on 28.11.2018 and had consistently appeared before the trial court—However, the petitioner missed appearances on 04.11.2024 and 11.12.2024 due to a mistake made by his counsel’s clerk regarding the hearing dates—The petitioner asserts that his non-appearance was unintentional and is committed to attending all future hearings—The State opposed the petition, citing the seriousness of the charges and the misuse of bail—The court, considering the principles of bail jurisprudence, emphasized the importance of securing the accused’s appearance without punitive measure...

Punjab Excise Act, 1914—Section 61(1)(a)—The petitioner sought regular bail under Section 482 of the BNSS, 2023, in relation to FIR No. 81, dated 11.09.2024, registered under Section 61(1)(a) of the Punjab Excise Act, 1914—The prosecution alleged the petitioner was apprehended with a large quantity of illegal liquor, specifically 25 bottles of Royal Stag Whisky and 275 bottles of Everyday Gold Whisky, found in a bag—The petitioner allegedly slipped away from the scene during the arrest—The State counsel opposed bail, stating the petitioner had been in custody for over two months and that the challan had been filed with 10 witnesses cited—The court noted the improbability of carrying such a large quantity of liquor in a bag, the completion of the investigation, and the likely delay in trial proceedings&m...

Penal Code, 1860 (IPC)—Sections 406, 408—The petitioner, Arun Kumar, seeks anticipatory bail in connection with FIR No. 474, dated 03.08.2024, under Sections 406, 408, 420, and 120-B of the Indian Penal Code, 1860, registered at Police Station Mujesar, District Faridabad—The prosecution alleges that the petitioner, as an HR officer, colluded with contractors to manipulate attendance and salary records, embezzling Rs. 10,60,820/- through fraudulent transactions, including transferring funds to personal accounts—The petitioner denies the charges, claiming that salary disbursement was handled by the accounts department and that he was falsely implicated—The prosecution opposes anticipatory bail, emphasizing the necessity of custodial interrogation to recover embezzled funds and investigate other potential accomp...

The petitioner sought regular bail under Section 439 Cr.P.C. in FIR No. 104 dated 03.08.2023, registered under Sections 15(C) and 29 of the NDPS Act, 1985, for alleged possession of 300 kg of poppy husk—The prosecution’s case indicated that the petitioner was found accompanying co-accused in a truck carrying contraband—However, the petitioner contended that he was neither the owner nor the driver of the vehicle and was unaware of the contraband—The State opposed the bail, citing the commercial quantity of the seized substance and the petitioner’s involvement in another FIR—The Court noted that the petitioner had been incarcerated for 1 year, 5 months, and 5 days, and the trial would take considerable time—Relying on the principle that bail is the rule and incarceration is the exception, the Court ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 15 and 22—Bail granted despite appellant being a proclaimed offender—The appellant, facing trial under Sections 15 and 22 of the NDPS Act, 1985, in connection with FIR No. 16 of 2020, had been in custody for 20 months—The High Court had rejected his bail application, noting that he was previously declared a proclaimed offender and had absconded before surrendering—Despite these factors, the Supreme Court considered the advanced stage of the trial, where statements under Section 313 CrPC were pending, and the fact that a co-accused had been granted bail—The Court allowed the appeal, directing the Trial Court to release the appellant on bail subject to stringent conditions to ensure his presence during the trial—The appellant was also dir...

Penal Code, 1860 (IPC)—Sections 376 (2)(n)—The petitioner, a Mathematics teacher, filed a second application for bail under Section 439 of Cr.P.C. in connection with Nayagarh P.S. Case No. 128 of 2023, involving allegations of rape, blackmail, and circulation of nude photographs under IPC Sections 376(2)(n), 376(2)(f), 323, 506, and Sections 66(E), 67, 67-A of the IT Act—His first application was dismissed in October 2023—The trial is ongoing, with the victim's testimony supporting the prosecution's case—The petitioner claims a violation of his right to a speedy trial, but the court found no infringement of Article 21, given his continued custody—Citing the Supreme Court's decision in X vs. State of Rajasthan, the court emphasized that bail should not be granted during the trial, except in c...

Penal Code, 1860 (IPC)—Sections 419, 420, 467, 468, 471 and 120-B—Impersonation and Forgery—Bail—The High Court granted regular bail to the petitioner, accused of impersonation and forgery in relation to a power of attorney—In its decision, the Court considered the petitioner's clean antecedents and the absence of direct evidence linking him to the alleged impersonation—Additionally, the Court noted that the case against the petitioner was on stronger grounds than that of a co-accused, who had already been granted bail—The presumption of innocence and the principle that bail is the general rule, with custody being an exception, were key factors in the Court’s consideration, supported by relevant legal precedents—Furthermore, the Court highlighted that the petitioner had already bee...

Penal Code, 1860 (IPC)—Sections 147, 149—In a petition for regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner, involved in FIR no. 195/2024 under Sections 384, 379-B, 120-B of IPC and other sections, sought bail after being implicated in an extortion case—The prosecution alleged that the petitioner, part of a gang extorting money through false rape accusations, played an active role in the crime—The petitioner, however, denied the charges, asserting that he was falsely implicated based on the disclosure of a co-accused, with no recovery linked to him and a delay in filing the FIR—Notably, a co-accused, Jamshed, had already been granted bail—The court, considering the petitioner’s 3-month detention, clean antecedents, and the delayed trial, found t...

Penal Code, 1860 (IPC)—Sections 120-B, 419—The petitioner filed a complaint under Section 439 Cr.P.C. seeking regular bail in a case involving extortion of money fraudulently against employees of Coin DXC Company—The complaint details the petitioner's experiences with money investing schemes and the fraudulent activities they engaged in—The petitioner met Monica, a girl who offered work at home work, and was offered a link to Telegram—She invested in various accounts, making a total profit of Rs. 1,25,000—She also made transactions with Sandeep Singh's telegram group, making multiple transactions—On January 30, she joined the Coin DCX Customer Service group, where she was persuaded to invest in Bitcoin—She deposited Rs. 2,39,140/- through RTGS from her wife Neetu's account to the...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21—The court has invoked Section 439 Cr.P.C. to seek regular bail for a petitioner in a case involving a group of officers who were patrolling on a government car Balero camper in Lohian, District Jalandhar—The FIR details the suspects, who were carrying intoxicant capsules, tablets, heroin, and other substances—The petitioner's counsel argues that the information is trustworthy and truthful, and the case falls under the NDPS Act—The petitioner's counsel argues that the FSL report revealed 80 grams of Etizolam in the tablets, and he was taken into custody—The state's counsel, on the other hand, argues that the petitioner has already been incarcerated for 1 year and 30 days and has not been involved in any other case—The cour...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22, 37—The petitioner, facing charges under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985, for the possession of Tramadol, sought regular bail after being in custody for over 1 year and 6 months, with only 3 out of 9 prosecution witnesses examined—The petitioner's earlier bail applications were withdrawn—The petitioner contended that delays in trial, failure of the police to follow mandatory procedures under the NDPS Act, and his prolonged detention justified the grant of bail—The Court highlighted the importance of the right to a speedy trial under Article 21 of the Constitution, citing Supreme Court precedents—It also observed that while the petitioner is a habitual offender, serious allegations alone do not jus...

The Prevention of Money Laundering Act, 2002 (PMLA), Sections 3, 4, and 50, the appellant sought bail after being arrested in India for drug trafficking and money laundering charges—The appellant, previously convicted in the U.S. for similar offenses, was alleged by the Enforcement Directorate (ED) to have operated a drug trafficking syndicate, laundering proceeds via cryptocurrency, and splitting 4250 untraceable Bitcoins (BTC) with his brother—The appellant's counsel argued that he could not be prosecuted again in India for the same offenses, citing international law and human rights principles—They also contested the admissibility of statements under Section 50 of PMLA as non-substantive without independent corroboration and denied possession of the BTC—The ED argued that the appellant could be tried in Indi...

The court has decided to consider the plea on medical grounds, based on the petitioner's precarious condition and his repeated visits to prison for medical treatment—The petitioner, who is 86 years old, has suffered two heart attacks and has been granted parole—The respondent, however, argues that treatment can be extended in prison, which the petitioner is reluctant to undertake—The court has granted interim bail on medical grounds until 31st March, 2025, with the condition that the petitioner does not meet his followers in a group and that three police officers will be present in his vicinity—The court also clarifies that the observations made in the judgment on merits will not affect future proceedings, including the criminal appeal pending before the High Court—The petitioner is given liberty to appro...

Prevention of Money Laundering Act, 2002—Section 45—Bail—The accused faced questions about bail due to the seriousness of charges and legal requirements under Section 45 of the Prevention of Money Laundering Act, 2002—The appellant argued that his arrest was unnecessary and he was already on bail for a related case—The Enforcement Directorate countered that the accused was part of a syndicate involved in illegal liquor sales. ...

The appellant, who has been in custody for 5 years and 2 months, has been granted bail subject to stringent conditions—The appellant must remain confined to Kolkata and attend daily at the police station as directed by the trial court—If the trial is delayed due to the appellant's non-cooperation or advocate's unnecessary cross-examination, bail may be cancelled—The state must cooperate with the trial court and provide adequate protection for witnesses—The appellant will be enlarged on bail until the trial ends, with the trial court determining the terms and conditions—If the appellant breaches these conditions, the respondents can apply for bail cancellation—The appeal is disposed of. ...

The High Court rejected the appellants' bail requests, and several co-accused have been granted bail—The court is inclined to grant bail to the appellants on the same terms as the order, set aside the impugned judgment and order, and allowed appeals on the same terms—Pending applications will stand disposed of. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21—Puneet Mahajan has filed an application for bail during the pendency of his trial in the case FIR No. 170 of 2023, dated 5.11.2023, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act—He argues that he is innocent and has no concern with the offence—He believes that the chances of the trial are not bright and that keeping him in judicial custody would not serve his purpose—The contraband recovered from Mahajan does not fall within the definition of 'commercial quantity', so Section 37 rigors are not applicable in the case—He has also provided details of previous cases against him, including those he was acquitted in—The applicant has also annexed copies of statements of PWs 1 to 10, showing that no case is ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Judicial Directions by High Court—Scope of Interference—In Jugal Kishore vs. State of Rajasthan [(2020) 4 RLW 3386], the High Court mandated Trial Courts to record antecedents of the accused in a specific tabular format while deciding bail applications—The appellant, a District and Sessions Judge, failed to comply due to workload, prompting adverse observations and directions against him—While Constitutional Courts can issue principles governing bail, they cannot dictate the form or manner of judicial orders, as this infringes on judicial discretion—Antecedents are merely one of several considerations in bail matters, and mandating specific formats risks delays and fetters discretion—Adverse observations against the appellant were s...

Prevention of Money Laundering Act, 2002—Section 45—Bharatiya Nagarik Suraksha Sanhita, 2023—Section 479—Constitution of India—Article 21—Bail—Offence of money launderingIn—The case concerning the offence of money laundering, the appellant, a Member of the West Bengal Legislative Assembly since 2001, sought bail after prolonged incarceration awaiting trial—The court emphasized that unjust and prolonged pre-trial detention violates the constitutional right to personal liberty under Article 21—Even where statutory embargoes on bail exist, the right to life and liberty must be prioritized, particularly when detention lasts unreasonably long without trial conclusion—Granting bail requires a balance between the gravity of the offence, nature of allegations, and factors such as t...

Protection of Children from Sexual Offences Act, 2012—Sections 3(a)—I.A. No.01 of 2024 is an application for bail and suspension of sentence for a young man convicted under Section 376(1) of the Indian Penal Code, 1860 and Section 3(a) of the Protection of Children from Sexual Offences Act, 2012—The petitioner, aged 27 years, is a married man with a baby and elderly parents—The petitioner's senior counsel argues that the DNA paternity test failed to determine the biological father of the alleged foetus, and the age of the victim remains unproved—The petitioner has a prima facie good case on merits, and the petitioner should be given due consideration and his sentence suspended—The petitioner's additional public prosecutor argues that the petition for bail should not be considered, as the age of ...

Bail order upheld. (A) Criminal Procedure Code, 1973, Section 439 [ Bhartiya Nagrik Suraksha Sanhita 2023, Section 483]—Offence of Rape—Bail granted by High Court—Appeal by Prosecutrix to cancel the Bail—Accused is Externed from the Village where Prosecutrix is residing—Appeal disposed off. (Paras 19,20) (B) Police Act—Constitution of India, Article 19—Externment Order—If the High Court was made aware of the fact that the victim and her mother as well as both the accused are residing in the very same village viz. Magriyan Ki Dhani Satyaya, District Jaisalmer, Rajasthan—In such circumstances, without disturbing the order of bail passed by the High Court, the Respondent No.2 herein shall not enter the said village till the completion of the trial—he shall furnish address...

Penal Code, 1860 (IPC)—Sections 307, 387—Bail—Section 483 BNSS, 2023—FIR under IPC Sections 216, 307, 387, 506, 34, 120-B and Section 25 Arms Act—Petitioner implicated based on co-accused’s disclosure statement—Custody of 6 months and 6 days—No prior criminal history—Co-accused granted bail—Complainant’s stand: Petitioner played no active role—Investigation complete, charges not framed, trial pending with no witnesses examined—Right to speedy trial under Article 21 emphasized—Court relied on Dataram Singh v—State of U.P—and Hussainara Khatoon v—State of Bihar—Bail granted on conditions of furnishing bonds—Held: Prolonged incarceration without conclusion of trial unjustified—Pre-conviction detention to be minimal, conside...

Criminal Procedure Code, 1973 – Section 439 – Regular Bail – Allegations of Rape and Criminal Intimidation – Delay in Trial. The petitioner sought regular bail under Section 439 CrPC in an FIR registered under Sections 376, 506, and 448 IPC. Allegations included rape by the petitioner when the complainant was alone at home. The petitioner argued false implication due to prior enmity and that medical evidence did not corroborate sexual assault. The petitioner had been in custody for over a year, with trial progress being slow—7 out of 13 witnesses examined. The Court, relying on Satender Kumar Antil v. CBI (2022) 10 SCC 51, emphasized the principle that prolonged detention of undertrial prisoners violates Article 21 of the Constitution. It held that further detention served no purpose as the culpability would ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The Prevention of Money Laundering Act, 2002 (PMLA), the petitioner faced charges of financial irregularities and money laundering, causing a loss of Rs. 3269.42 crores to a consortium of banks—The main issue was whether the petitioner should be granted bail after being in custody for over 26 months—The petitioner argued his role was minor compared to co-accused, who had been denied bail, and denied involvement in the alleged fraud—However, the Enforcement Directorate opposed bail, citing the petitioner’s significant role in the financial irregularities and money laundering activities—The court, upon reviewing the material, found sufficient evidence linking the petitioner to the crime and his benefit from the illicit proceeds—Given the serious...

Penal Code, 1860 (IPC)—Section 120B—The petitioner seeks regular bail in proceedings related to a case involving the Delhi Waqf Board (DWB) chairman, Amanatullah Khan, who was accused of misuse of his position to appoint relatives and others to various posts, resulting in pecuniary benefits—The CBI investigated the case, finding the allegations to be administrative irregularities—The applicant is not arrayed or summoned as an accused in the predicate case—The applicant's counsel argues that the applicant is innocent and has been falsely roped in the case without any evidence available against him—The CBI had not alleged that Khan received any pecuniary gains from the scheduled offence and no scheduled offence was made against the applicant—The applicant, an Indian passport holder, has been wor...

Arms Act, 1959—Sections 27—Bail—Regular Bail—Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS)—Section 483—FIR under IPC Sections 307, 324, 323, 148, 149, 120-B, 326 (added later), and Sections 25/27/54/59 of Arms Act—Allegation of Attempt to Murder—No Criminal Antecedents—Petitioners in Custody for Six Months—Petitioners, alleged to have caused injuries with kirpan and gunfire, sought regular bail—The State opposed bail citing prima facie evidence based on complainant's statements and MLR. Court noted absence of firearm injury and criminal history of petitioners—Considering prolonged pre-trial custody, absence of antecedents, and prima facie analysis, bail granted with stringent conditions—Petitioners directed to surrender firearms within 15 days—C...

Criminal Procedure, 1973 (CrPC)—Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Sections 22, 37—Bail—Regular Bail—Consideration of Factors—In a bail application under Section 439 CrPC for offenses under the NDPS Act, the petitioner was apprehended based on secret information—The petitioner argued false implication and improper compliance with legal procedures, as no Gazetted Officer or Magistrate was present during the search—The petitioner had been in custody for over two years, and the trial was prolonged, with only 5 out of 17 prosecution witnesses examined—The Court, considering the right to a speedy trial under Article 21 of the Constitution, observed that continued incarceration would violate fundamental rights and serve no purpose, especially as...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21, 27—Devender Kumar, a bail petitioner, has sought regular bail in a case involving Kunal Sharma and Devender Kumar, who were arrested for illegal narcotics trade—The police allegedly recovered 22.04 grams of Chitta/Heroin in the presence of independent witnesses—The petitioner, who has been behind bars for over ten months, has sought bail—The bail petitioner's lawyers argue that the contraband was never recovered from the petitioner's conscious possession, but from a hotel room—They also argue that the trial is unnecessarily delayed and that the petitioner is languishing in jail without being held guilty—The Additional Advocate General, Mr. B.C. Verma, argues that the petitioner does not deserve leniency due to the gravity of...

Bail granted. (A) Indian Penal Code, 1860, Sections 294, 323, 506, 447, 147, 148, 458 [ Bhartiya Nyaya Sanhita, 2023, Sections, 296, 115 (2), 351 (2)/ (3), 329 (3), 191 (2), 191 (3), 331 (6)]—Criminal Procedure Code, 1973, Section 439 [ Bhartiya Nagrik Suraksha Sanhita 2023, Section 483]—Offences of breaking wall, house tresspass and causing injury—Appeal by Accused to impugn conditions for Bail—High Court has clearly exceeded its jurisdiction in para 7 of the impugned order by imposing the conditions of demolishing the wall at the expense of the appellants and handing over the possession of the disputed property to the complainant—In this case, the conditions imposed clearly tantamount to deprivation of civil rights, rather than measures to ensure the accused's presence during trial—Therefo...

Penal Code, 1860 (IPC)—Sections 409, 420—Criminal Procedure—Review Petition—Bail Cancellation—No Grounds for Review—In a defective review petition, the Petitioner sought a review of the Supreme Court's judgment dated 28.08.2024 in Criminal Appeal No. 3573/2024, which canceled the bail granted to the Petitioner—The Court reiterated that dissatisfaction with the judgment does not constitute a valid ground for review—It emphasized that bail cancellation was based on specific facts and the Petitioner's role in the chargesheet—The Court noted that the grant of bail to co-accused does not automatically entitle the Petitioner to the same relief—Furthermore, the Court clarified that a fresh bail application could be filed based on a "later period or change in circumstances.&...

Prevention of Money Laundering Act, 2002—Section 45—The applicant, a senior IRS officer, challenged his arrest for allegedly accumulating assets disproportionate to his known income sources—The FIR and subsequent Enforcement Case Information Report (ECIR) were based on these allegations—The applicant contended that the FIR was defective, the ECIR relied on presumptions, and his arrest was illegal, claiming that the Enforcement Directorate's (ED) investigation overstepped the jurisdiction of the CBI—The ED maintained that the investigation was valid under the PMLA, asserting a strong prima facie case against the applicant for routing ill-gotten money through family members—However, the court noted that the investigation into the predicate offence was incomplete and found the ED's assumptions unsu...

Penal Code, 1860 (IPC)—Sections 341, 323—The petitioners, Sukhwant Singh Dhillon and Harjot Singh, sought anticipatory bail under Section 438 of the Cr.P.C. in connection with FIR No. 23 dated 22.05.2024, involving charges of unlawful assembly and related offenses—The court noted that no specific injury was attributed to either petitioner, and another co-accused had already been granted interim bail—The police had delayed the investigation, prompting the Senior Superintendent of Police to assure timely and lawful proceedings—The petitioners were directed to cooperate with the investigation, and their interim bail was granted, allowing them to join the investigation as required—The order of 18.09.2024 was made absolute, with the stipulation that the petitioners must continue to comply with all conditions...

Juvenile (Care and Protection of Children) Act, 2015—Section 101—The petitioner, a juvenile convicted under Sections 302 and 201 of the IPC, was sentenced to 7 years and 3 years of rigorous imprisonment, respectively—After a prior rejection of the application for suspension of sentence based on the Probation Officer’s report and the seriousness of the offense, the petitioner sought reconsideration—The petitioner disputed the accuracy of the Probation Officer's report regarding employment status and argued that the offense's gravity should not solely determine bail—The court allowed the suspension of the sentence, citing the petitioner’s employment and absence of adverse conduct reports—Emphasizing the Juvenile Justice Act's rehabilitative focus, the court granted bail with superv...

Criminal Procedure Code, 1973 (CrPC), Section 439—The Narcotic Drugs and Psychotropic Substances Act, 1985—The Court identified significant lapses by the Manasa police in failing to provide critical CCTV footage necessary for the applicant's defense, leading to an inquiry into police CCTV maintenance practices—The Senior Superintendent of Police, Radio, Bhopal, confirmed compliance with the Supreme Court's directives in Paramvir Singh Saini v. Baljit Singh, establishing a Standard Operating Procedure (SOP) for data retention—However, the Court criticized the SOP for its lack of enforceable penalties for non-compliance—Invoking Section 482 of the Cr.P.C., the Court mandated departmental inquiries for any failures to furnish CCTV footage, categorizing such negligence as serious misconduct—Addition...

Indian Penal Code, 1860 (IPC)—Section 376—Bail Granted—Inconsistent testimony, delay in complaint, lack of injuries, and no previous criminal record considered—The petitioner was charged under Section 376 IPC for allegedly raping the complainant, who worked with him—The complaint was lodged three days after the alleged incident—In her initial statement, the complainant expressed willingness to withdraw the complaint if the petitioner admitted guilt—Medical examination revealed no injuries, and two sets of semen stains were found on the complainant's clothes—one from the petitioner and another from an unidentified individual—The petitioner argued that he was falsely implicated for reporting the complainant's alcohol consumption to their employer—The court granted bail, con...

Penal Code, 1860 (IPC)—Sections 307, 427—Bail—Judicial Principles and Liberty—The court held that while the allegations against the accused were grave, the severity of the crime alone should not dictate the decision on bail—Emphasizing the constitutional right to a speedy trial under Article 21 of the Constitution, the court noted that the prolonged incarceration of the accused without significant progress in the trial undermines justice—Bail serves to ensure the accused's attendance at trial, not to impose pre-trial punishment—The court referred to precedents, including K.A. Najeeb, affirming the need to balance individual liberty with law and order—Given the accused's two-year detention without substantial incriminating evidence, the court allowed the appeal, granting bail with app...

Bail granted. Criminal Procedure Code, 1973, Section 439—The instant appeals are therefore restricted to the Appellant's challenges regarding the legality and propriety of his arrest by the CBI and his prayer for release on regular bail in connection with the proceedings initiated by the CBI via the subject FIR—In view of the separate order passed by Hon'ble Mr.Justice Ujjal Bhuyan, however, there being a concurrent opinion that the appellant is entitled to be released on bail, subject to the terms and conditions mentioned in para 47 of the order, authored by Hon'ble Mr.Justice Surya Kant, the Criminal Appeal challenging the legality of arrest (arising out of SLP(Crl.)No.10991/2024) is dismissed—Criminal Appeal arising out of SLP(Crl.) No.11023/2024 is allowed and while setting aside the impugned judgment ...

Penal Code, 1860 (IPC)—Sections 302, 364—An approver's bail is not strictly barred by Section 306(4)(b) of the CrPC, which mandates detention until trial conclusion—Courts retain discretion to grant bail based on case circumstances—In this case, the petitioner, who testified twice and fulfilled pardon obligations, sought bail on grounds of prolonged detention violating Article 21 of the Constitution—The prosecution opposed, citing the section's requirement to detain an approver for protection and preventing retraction—However, courts in Suresh Chandra Bahri and Mohammad Lateef Deedar held that prolonged detention should be avoided when an approver has complied with all conditions—Considering the petitioner's cooperation, trial stage, and lack of threat, the court allowed bail with cond...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—The applicant's fifth request for bail following a lengthy detention since March 15, 2022—The applicant's previous bail applications had been dismissed, with the most recent denial on July 31, 2024, primarily based on serious allegations involving the facilitation of 470 kg of poppy straw—Arguments for bail included the prolonged trial process, with only 3 of 24 witnesses examined, and the assertion of constitutional rights under Article 21, referencing Ankur Chaudhary vs. State of M.P. In opposition, the NCB cited prior dismissals and the stringent conditions under Section 37 of the NDPS Act, highlighting the necessity of proving both reasonable grounds for innocence and assurance against re-offending—The court emphasized the need fo...

Bail Application dismissed. Criminal Procedure Code, 1973, Section 167(2)—Application for default bail—Under Remand and got bail in a few other crimes—In the present case, the applicant, who is seeking bail for the offence punishable under Sections 420, 467, 468, 471 read with Section 120B of IPC andon perusal of Section 467 IPC, the maximum sentence is with imprisonment for life or with imprisonment of either description for a term which may extend to 10 years and shall also be liable to fine and therefore, in view of Section 167(2)(i)(a) CrPC, the maximum limit for the said offence would be 90 days—Thus, the argument as advanced by the learned counsel for the applicant is not acceptable and is outrightly rejected—Consequently, the instant Bail Application, whe...

The bail application is dismissed. National Investigating Agency Act, 2008, Sections 13, 21—Criminal Procedure Code, Section 439—Maintainability of Bail Application, after rejection of Similar Application by Sessions Court— As soon as the matter is taken up, learned State counsel raised question with regard to the maintainability of the bail application. She submits that the applicant seeks bail under the provisions of the UAPA. The bail rejection order has been passed by the Sessions Judge, Haldwani. Therefore, it is argued that instant bail application is not maintainable, instead the applicant ought to have appealed the bail rejection order, in view of Section 21 NIA—kind of offences affecting sovereignty and security in the State and held that from the purvie...

Criminal Procedure Code, 1973—Section 446—Forfeiture of Bail Bonds—Exemption from Personal Appearance—Video Conferencing Permitted—The petitioner, a permanent resident of Australia, sought quashing of the trial court's order rejecting his application for exemption from personal appearance, forfeiting his bail bonds, and initiating proceedings against his surety under Section 446 CrPC—The court considered the practical difficulties faced by the petitioner due to his overseas residency—Relying on precedents, the court held that forfeiture of bail bonds without issuing notice or considering the petitioner's circumstances was unjustified—The impugned order was set aside, and the original bail bonds of both the petitioner and the surety were restored—The court directed that future a...

Bail granted. Prevention of Money Laundering Act, 2002, Sections 3, 4, 45—Bail Application—Appeal by the prisoner to impugn dismissal of bail application—Appellant has satisfied the twin conditions under Section 45—Inasmuch as from the material on record, this Court is satisfied that there are reasonable grounds for believing that the appellant is not guilty of the offence of Money Laundering as alleged under Sections 3 and 4 of the PMLA and the Court is further satisfied that the appellant is not likely to commit any offence, if enlarged on bail. (Para 45) Evidence Act, 1872, Section 114—Prevention of Money Laundering Act, 2002, Sections 3, 4, 45—Bail Application—Defence by Prosecution on the ground of previous crime history of the prisoner to deny bail—Investigating Agency have also ...

Penal Code, 1860 (IPC)—Sections 354A, 354D—The court addressed the request to cancel bail previously granted—The complainant’s mother, a domestic worker, alleged assault and threats against her—The State, represented by the Special Public Prosecutor, contended that there was clear evidence of wrongdoing and that bail was granted on irrelevant grounds—Conversely, the respondent's counsel argued that the court had already assessed the evidence and found no prima facie case against the respondent, stressing that the criteria for canceling bail differ from those for granting it—Upon reviewing the evidence and arguments, the court acknowledged the seriousness of the allegations but concluded that the prosecution did not provide sufficient evidence to demonstrate a threat to the complainant or witne...

Arms Act, 1959—Sections 25—This petition was filed under Section 439 of the Cr.P.C. for the grant of regular bail to the petitioner in FIR No. 120, registered for offences under Sections 307, 336, 506, and 34 of the IPC, and Sections 25/27 of the Arms Act—The FIR stemmed from an altercation between the petitioner and the complainant's party over water drainage from their fields, resulting in alleged gunfire—The petitioner contended that he fired in the air without intent to harm, while asserting he himself sustained bullet injuries, as indicated in his medical report—The petitioner has been in custody for over one year and has no previous criminal record, with only one witness examined out of twelve—The State Counsel did not contest the factual claims made by the petitioner’s counsel—Con...

Narcotic Drugs And Psychotropic Substances Act, 1985—Section 52-A and 37—Criminal Procedure Code, 1973—Section 439—Commercial quantity—Bail application under—The contraband was recovered on and the samples were taken on that same day, however, the samples were sent for FSL after more than 44 days—No inventory was prepared and verified in the presence of the Magistrate as per the provision of Section 52-A—The samples so verified were not sent for scientific investigation within 72 hours—Not making inventory in accordance with the guidelines issued by the Government vide Standings Order Nos.1/1988 & 1/1989 as well as the mandate of law contained u/s 52-A, is a serious question which if decided in favour of the accused—Accordingly, the instant bail applications is allowed. ...

Penal Code, 1860—Section 363, 376 and 506—Protection of Child from Sexual Offences Act, 2012—Section 3 and 4—Bail application for—The accused's past criminal history alone cannot justify the rejection of his bail application—The applicant's criminal history is explained in the affidavit filed—The State has not demonstrated any risk of the accused tampering with the investigation, influencing witnesses, or evading the law—The principle of "Presumption of Innocence Unless Proven Guilty" supports bail as a rule rather than an exception—The bail application is allowed. [Prabhakar Tewari v/s State of U.P., (2020) AIR (CR) 370—relied upon] अभियुक्त के आपराधिक इतिहास को उसकी जमानत य�...

Criminal Procedure Code, 1973 (CrPC)—Section 389—Petitioners, convicted of murdering two individuals and sentenced to life imprisonment, have been in custody for nearly 8 years and 9 months, the Supreme Court is considering their appeal for suspension of sentences—The petitioners, who had good behavior in custody and no prior criminal records, argue for bail based on prolonged incarceration and the Supreme Court's decision in Saudan Singh v. State of U.P. (2022), favoring bail where appeals are delayed—Citing Sunil Kumar v. Vipin Kumar (2014) and Kashmira Singh v. The State of Punjab (1977), the defense contends that prolonged detention violates Article 21 and highlights evidence inconsistencies and witness reliability issues—Conversely, the prosecution, referencing Shivani Tyagi v. State of U.P., maintai...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(c), 20(b)(ii)(c)—The petitioners, A1 and A2, sought regular bail under Sections 437 and 439 of the CrPC in a case involving the seizure of 203.306 kgs of ganja, alleged to be in violation of Sections 8(c) read with 20(b)(ii)(c) of the NDPS Act—The prosecution contended that the petitioners were apprehended with the contraband on 12.10.2023, following a tip-off, and were remanded to judicial custody—Previous bail applications were denied by the Special Court and this Court—The petitioners argued that the bail denial was improper due to non-compliance with Section 52A of the NDPS Act—The Court reviewed compliance with procedural requirements and found no significant procedural violations—Given the commercial quantity of the contraband a...

Criminal Procedure Code, 1973, Section 439—Penal Code, 1860, Sections 143, 147, 148, 120B, 114, 201, 302 and 149—Regular bail—Bail granted to accused in a murder case based on insufficient identification evidence and investigation delays, subject to strict conditions—The petitions for regular bail filed by accused persons in S.C.No.255/2023, arising out of Crime No.194/2023, were granted by the court—The petitioners, charged under Sections 143, 147, 148, 120B, 114, 201, 302, and 149 IPC, were alleged to have conspired to murder Krishnegowda—The prosecution's case was based on mobile phone records, chance fingerprints in an auto rickshaw, and the recovery of a weapon with Krishnegowda’s blood—However, the first informant had only heard the assault and had not identified the attackers&mdas...

Penal Code, 1860 (IPC)—Sections 354 and 354-D—SC/ST (Prevention of Atrocities) Act, 1989—Sections 3(1)(r)(s) and 3(2)va—In a case involving charges under IPC Sections 354 (assault on a woman) and 354-D (stalking), Protection of Children from Sexual Offences Act, 2012 — Section 8 (sexual harassment), and SC/ST (Prevention of Atrocities) Act, 1989, the petitioner sought bail, alleging false implication, prolonged detention without trial, and no necessity for recovery from him—The respondent opposed the bail, citing the gravity of the charges and potential risk to the victim—Despite these concerns, the court granted bail, emphasizing the petitioner’s right to a speedy trial under Article 21 of the Constitution—The decision was based on the extended delay in the trial process—Bail wa...

Penal Code, 1860 (IPC)—Sections 341, 323, 504—Bail—The petitioner, arrested under FIR No. 264 of 2023 for charges including assault and attempted murder, sought bail, claiming false implication and prolonged detention of about 10 months—The petition was opposed on grounds of the crime's severity and potential witness intimidation—The court examined the nature of the accusations and the evidence, noting that the petitioner had not used the pistol to shoot, which undermined the charge of attempted murder (Section 307 IPC)—Additionally, the court highlighted the principle of parity since co-accused with similar charges had been granted bail—Citing the right to a speedy trial and considering the lengthy detention without trial, the court granted bail with stringent conditions to ensure the petitio...

Penal Code, 1860 (IPC)—Sections 420, 383, 384, 466—Bail—Allegations of financial fraud and cybercrime, the petitioners sought bail, arguing that the investigation was complete, charges were framed, and the parties involved had resolved their disputes—The petitioners also emphasized their lack of criminal history and the significant period they had already spent in custody—The State opposed the bail, highlighting the severity of the allegations and the substantial financial sums involved in the fraud—The court granted bail to the petitioners, taking into account the amicable resolution of disputes between the parties and the petitioners' clean record—The court noted that further incarceration would serve no useful purpose under the circumstances—However, it was clarified that the grant of...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22—The prosecution alleges the petitioner was found with 1015 intoxicant capsules (564 grams) exceeding the commercial quantity of 250 grams—The petitioner has been in custody for over 1 year, 4 months, and 12 days, with the charges framed but no witnesses examined—The petitioner cites precedents where bail was granted due to prolonged custody, including Supreme Court rulings in similar NDPS cases—The Court, considering the length of custody and the lack of prior convictions under the NDPS Act, grants bail subject to conditions including non-interference with the trial, not committing further offenses, and compliance with bail conditions—The petitioner must furnish bail/surety bonds to the satisfaction of the Trial Court and adhere to additio...

Penal Code, 1860 (IPC)—Section 120-B and 477A—Prevention of Money Laundering Act, 2002—Section 19—Bail—Seeking regular bail for Mr. Arvind Kejriwal in FIR No. RC0032022A0053, registered under Section 120-B read with 477A APC and Section 7 of the P.C. Act, 1988, by the CBI—The Special Prosecutor argued that the bail application should be first considered by the learned Special Judge due to the voluminous records and the complexity of the case—In contrast, the petitioner’s counsel contended that this Court has concurrent jurisdiction to hear the bail plea, referencing various precedents—The Court acknowledged the concurrent jurisdiction of District Courts and the Supreme Court but emphasized the need for the petitioner to first approach the Special Judge, given the recent filing of the c...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 52A and 67—Bail Granted for Prolonged Incarceration—In a case involving the possession of 450 kgs of ganja, the petitioner sought bail, citing prolonged incarceration and the right to a speedy trial—The petitioner argued that the delay in sampling contraband violated Section 52A and questioned the credibility of independent witnesses, labeling them as stock witnesses with unreliable testimonies—The petitioner had been in custody for over three years, and the trial was expected to be prolonged—The court noted that the delay in trial, although not the department's responsibility, raised concerns regarding the petitioner's right to a speedy trial—The court found that the testimonies of independent witnesses contained discrepancies ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—NDPS Act, 1985—Sections 8/21, 22, 25—Long Incarceration and Delay in Trial—This third application for bail under Section 439 CrPC, the petitioner, arrested in connection with FIR No.5/2021 for offenses under Sections 8/21, 22, and 25 of the NDPS Act, has been in custody since 20.01.2021—The petitioner cited prolonged detention of over 3 years and 6 months and significant trial delay, with only 13 out of 26 prosecution witnesses examined—The Supreme Court's rulings in Rabi Prakash vs. State of Odisha and Union of India vs. K.A. Najeeb were referenced, emphasizing that prolonged incarceration without timely trial completion can override statutory bail restrictions—The Court acknowledged that no evidence suggested the petitioner wa...

Bail granted.  Code of Criminal Procedure, 1973, Section 439—Indian Penal Code, 1860, Sections 489B and 489C—Appeal to impugn rejection of Bail -  Informant stated that fake Indian currency notes of the denomination of Rs. 1,000 and Rs. 500, totalling a sum of Rs. 26,03,500.00, were recovered from the possession of the appellant—This Court has, time and again, emphasized that right to life and personal liberty enshrined under Article 21 of the Constitution of India is overarching and sacrosanct—A constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed—In that event, such statutory restrictions wou...

Arms Act, 1959—Sections 25 and 27—Bail—The applicant, arrested on 13.02.2024, is accused of stealing jewelry worth Rs. 3,000 from a shop, alongside a co-accused who allegedly used a firearm—The applicant's counsel argued for bail on grounds of false implication and the applicant's prolonged detention without prior criminal record—The State counsel opposed the bail but noted no prior criminal history—The Court, considering the nature of the offenses, the applicant's detention period, and the expected duration of the trial, granted bail with conditions, including a personal bond and two local sureties—The applicant must remain present for trial proceedings and adhere to specific conditions to avoid misuse of bail—The Court urged the trial to conclude within six months if feasible. ...

 Penal Code, 1860 (IPC)—Sections 306 and 120B—Code of Criminal Procedure, 1973 (CrPC)—Section 439—Bail Application—FIR No. 58 dated 04.05.2023, PS Sadar Tarn Taran—Sections 306 and 120-B IPC—The petitioner, Manjit Singh, sought bail under Section 439 of CrPC, arguing that pre-trial incarceration would cause irreversible injustice, and contended he has no prior criminal history—The State and complainant opposed the bail—The court, referencing Supreme Court judgments, including Gurbaksh Singh Sibbia v. State of Punjab and Kalyan Chandra Sarkar v. Rajesh Ranjan, highlighted principles favoring bail over jail, unless there are compelling reasons for detention—Considering the nature of allegations, petitioner's pre-trial custody, and lack of flight risk, the court granted bai...

Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973 (CrPC)—Section 436A—A bail petition under Section 439 CrPC, the petitioner seeks release in an NDPS Act case where 428.13 kg of ganja was allegedly recovered from a godown, leading to arrest—Despite the substantial recovery and opposition citing Section 37 of the NDPS Act, which restricts bail, the court considered the petitioner's prolonged detention of over 2 years and 10 months without significant trial progress—Emphasizing the right to speedy trial under Article 21, the court granted bail, noting the petitioner's first-time offense and the need to balance statutory rigors with constitutional rights—Citing precedents, including recent Supreme Court decisions, the court allowed bail, emphasizing the fundamental pri...

Penal Code, 1860 (IPC)—Sections 302, 325, 148, 149—Arms Act, registered at Police Station Sadar Nuh, District Nuh, Haryana, the petitioner sought regular bail under Section 439 Cr.P.C—The petitioner's counsel argued parity with co-accused granted bail and highlighted delays in trial proceedings despite charges being framed—Citing the petitioner's custody of 1 year, 3 months, and 10 days, the court emphasized the right to speedy trial under Article 21—Referring to legal precedents, it stressed minimal pre-conviction detention and timely trial as essential rights—Considering these factors, lack of recovery, and the petitioner's non-involvement in other cases, bail was granted—The court ordered release upon furnishing bail and surety bonds to the satisfaction of the trial court, clarifyin...

Penal Code, 1860 (IPC)—Sections 308, 341, 148, 149—Petitioner sought regular bail in FIR No. 5, dated 16.01.2024, under various IPC sections at Police Station City-1, Sangrur, District Sangrur—Allegations arose from an incident involving injury inflicted by an iron rod, contested to not fall under Section 308 IPC as per medical reports—With no recovery from the petitioner and the completion of investigation without framing charges, the court emphasized the right to speedy trial under Article 21. Citing precedents, the court highlighted the necessity of timely trial proceedings and minimal pre-conviction detention—Considering these factors and the petitioner's clean record, bail was granted—The court ordered release upon furnishing bail bonds to the satisfaction of the trial court—The order cla...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985, at Police Station Panjokhra, District Ambala—The petitioner argued for false implication, prolonged custody of 1 year and 8 months, and cited the bail granted to co-accused Dilhshad Khan—The State opposed the bail, noting the recovery of 72 kg of poppy husk—The court acknowledged the petitioner's clean antecedents and emphasized the right to a speedy trial under Article 21 of the Constitution, referencing landmark judgments like Hussainara Khatoon and Abdul Rehman Antulay—The court noted the prolonged trial and potential impact on the petitioner's liberty and defense—Consequently, the petitioner was granted bail on furnishing requisite bonds, without prejudice to the case's merits&mda...

Criminal Procedure Code, 1973—Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 15, 25, 29, 61—Bail: The petitioner, accused in FIR No.54 dated 09.08.2019 for selling poppy husk, sought regular bail after nearly 2 years and 8 months in custody—Co-accused had been granted bail earlier—Despite the petitioner’s alleged involvement in another NDPS case, he was already on bail for that offense—The court considered the prolonged custody, completion of investigation, partial witness examination, and potential trial delay—Emphasizing Article 21 of the Constitution, the court granted bail with stringent conditions to ensure compliance and prevent tampering with evidence or absconding—Conditions included reporting to the SHO monthly, surrendering the passport, maint...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 27A, and 29; National Investigation Agency Act, 2008—Section 21; Unlawful Activities (Prevention) Act, 1967 — Sections 10, 11, 13, 17, 18, 20, and 21—Bail: The court granted bail to four individuals accused of drug trafficking and association with a proscribed terrorist organization—The accused had been in custody for nearly four years, with no prospects of a trial conclusion soon—The court highlighted that bail should not be denied solely based on the seriousness of charges or potential punishment—It noted the accused had no prior convictions or history of absconding or evidence tampering—The decision emphasized the protection of the right to personal liberty under Article 21 of the Constitution, asserting that prolonged deten...

Penal Code, 1860 (IPC) — Sections 308, 341—Bail application under Section 439 of the Cr.P.C., the petitioner, a PS to the Chief Minister of Delhi, sought bail in a case where a sitting MP accused him of assaulting her at the CM's residence—Allegations included brutal assault and threats, prompting the complainant to call emergency services—The defense argued the allegations were false, emphasizing delays in filing the FIR and inconsistencies—The State opposed bail, citing tampering risks and selective CCTV footage submission—The court dismissed the bail application, noting the gravity of the accusations, potential witness influence, and evidence suppression suspicions—The judgment highlighted the complainant's trauma and the petitioner's influential position, underscoring denial of bai...

Penal Code, 1860 (IPC)—Sections 454, 380, 420, 465, 468—Petitioner sought bail in FIR No. 209/2023, dated 27.07.2023, at Police Station Haroli, District Una, H.P., involving IPC Sections 454, 380, 420, 465, 468, 471, 201 and 34, and MV Act Sections 177, 194(D), 181, 192, 196, 207—The petitioner, accused of theft, argued innocence based on inadmissible disclosure statements—The High Court, considering completed investigation and no evidence of tampering, granted bail, emphasizing the presumption of innocence until proven guilty and the discretionary nature of bail—Conditions included personal bond of Rs. 1,00,000/-, local sureties, and compliance with judicial and investigative requirements, with liberty for the prosecution to seek bail cancellation for non-compliance. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 22, 23, and 29—Bail Conditions—Practicality and Legality: The appellant, arrested on May 21, 2014, under the NDPS Act, challenged specific bail conditions including obtaining a certificate of assurance from the High Commission of Nigeria and dropping a PIN on Google Maps for location tracking—The court directed the deletion of these conditions, citing their impracticality and potential violation of the accused's rights under Article 21 of the Constitution of India—Embassies may not provide the required assurances, and real-time monitoring via Google Maps infringes on privacy rights. Constitution of India, 1950—Article 21—Right to Privacy: The condition requiring the accused to drop a PIN on Google Maps, enabling real-time loca...

Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), Section 483—Sections 363, 366(A), 354—POCSO Act,, Section 7/8—In a bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS), the applicant sought bail concerning FIR No.88/2023, registered at Police Station-Shahgarh, District Sagar (M.P.) for offences under Sections 363, 366(A), 354 of the Indian Penal Code and Section 7/8 of the POCSO Act—The applicant, held in custody for over a year, argued for bail considering the nature of the offences and duration of custody. The State, represented by the Government Advocate, opposed bail citing the applicant's criminal history with ten cases, including previous similar offences under Section 354 IPC—Despite opposition, the Court granted bail under specified conditions: regular attendan...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 20—Applicant sought bail for offences under Section 8/20 of the NDPS Act—The applicant was allegedly apprehended with 31.6 kg of contraband (ganja) found in a vehicle he was driving—The Court noted the seriousness of the offence involving a commercial quantity and emphasized the legislative intent to curb drug trafficking—Citing precedent, the Court applied stringent criteria for bail under the NDPS Act, requiring satisfaction that the applicant was not guilty and unlikely to commit further offences while on bail—Despite arguments of false implication and lack of forensic analysis, the Court found no reasonable grounds to grant bail, citing the inherent danger to society and the gravity of the alleged offence—The bail application was...

 Penal Code, 1860 (IPC)—Sections 363 and 376DA—Their assertion of innocence and discrepancies in statements—The victim's mother filed a complaint alleging rape, supported by forensic evidence of semen on clothes—Despite claims of fabricated evidence, awaiting DNA results, the court found prima facie corroboration of victim's testimony—Refuting discrepancies in statements without evidence, the court dismissed the bail plea citing the heinous nature of the offence, victim's age, and potential tampering risks—Citing Bhagwan Singh v. Dilip Kumar and Kalyan Chandra Sarkar v. Rajesh Ranjan, the court emphasized discretion in bail, necessitating prima facie satisfaction of charges and avoidance of non-application of mind—The bail applications were thus dismissed, noting observations conf...

Bhartiya Nagrik Suraksha Sanhita, 2023—Criminal Procedure Code, 1973,Section 483—Penal Code, 1860 Sections 420, 409, 422, 34—The bail application was filed under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS) in relation to FIR No. 99/2024 at Police Station-Omti, District-Jabalpur (MP) involving offences under Sections 420, 409, 422, and 34 of the IPC—The applicant, who has been in jail since February 27, 2024, asserted innocence, claiming false implication and lack of criminal antecedents—The court noted that no prima facie case under Section 409 IPC was made out against the applicant—Despite opposition from the State, highlighting the seriousness of the alleged offences involving financial fraud, the court granted bail—Conditions for bail included furnishing a bail bond of Rs. ...

Bail application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (BNSS): Bhartiya Nagrik Suraksha Sanhita, 2023—Criminal Procedure Code, 1973, Section 438—Penal Code, 1860—Sections 420, 409, 422, 201, 34—The applicant sought regular bail under Section 483 of BNSS in relation to FIR No. 99/2024 at Police Station-Omti, District-Jabalpur (MP), for offences under Sections 420, 409, 422, 201, 34 of IPC—The applicant, aged about 28 years, claimed innocence and asserted false implication—He had been in jail since February 26, 2024, with a charge sheet filed and trial anticipated to prolong—The State opposed bail, alleging the applicant's involvement in financing 11 vehicles through forged documents, subsequent sale, and misappropriation of funds—After hearing both sides, the ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20, 25—Applicant was accused of supplying Ganja—Allegedly implicated based on co-accused statements, he was arrested after being declared a proclaimed offender—Despite allegations linking him to transactions, his father was not charged—The court, considering the non-admissibility of uncorroborated co-accused statements and doubt over his proclaimed offender status, granted bail—Noting completed investigation, clean antecedents, and the non-punitive purpose of custody, the court directed his release on a bond with conditions to ensure appearance and non-interference with the case—This decision emphasized procedural fairness and non-prejudicial trial stance. ...

Indian Penal Code, 1860, S.363, S.366(A), S.506, S.376(3), S.376(2)(n)—Protection of Children from Sexual Offences Act 2012, S.5L/6, S.5(J)(ii)—Code of Criminal Procedure1973, S.439—Supreme Court allowed the appeal challenging the rejection of bail to the appellant, accused under multiple sections of the IPC and POCSO Act—The appellant's plea, citing consensual marriage with the complainant who is now pregnant, was contested by the state citing the complainant's minor status during the alleged offenses—The victim herself supported the appellant's plea—Highlighting that a significant portion of the trial had progressed and considering the appellant's custody since February 2024, the court granted bail—The appellant must cooperate in trial proceedings and adhere strictly to...

Narcotic Drugs and Psychotropic Substances Act, 1985 — Sections 18, 20—Court denied interim bail to a petitioner arrested for narcotics possession—The petitioner sought bail due to his wife's health and his role as the sole breadwinner, but the State opposed, highlighting the stringent conditions under Section 37—The Court emphasized that for bail under Section 37, there must be reasonable grounds to believe the accused has not committed the offense and will not re-offend—The burden of proving innocence lies with the accused, requiring substantial probable causes for such belief—Given the petitioner's involvement in a similar offense and lack of exculpatory evidence, the Court found the conditions unsatisfied—The seriousness of NDPS offenses and the need to combat drug trafficking necessit...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21 and 29—Bail—Court denied bail to a petitioner accused of possessing heroin, citing his criminal antecedents and the likelihood of committing similar offenses if released—Despite the petitioner's claims of innocence, the Court relied on the police report indicating he threw the heroin packet—The decision emphasized the Supreme Court's parameters for bail, particularly focusing on criminal antecedents and societal impact—The Court noted that the release of individuals with a history of criminal activity could lead to further offenses and negatively affect society—Key considerations included the serious nature of the offense, potential harm to the community, and the risk of evidence tampering—The Court stressed that granti...

Prevention of Money Laundering Act (PMLA) 2002—Sections 3, 4—Bail applications of petitioners involved in the Disc Assets Lead India Limited case, the court reiterated its earlier stance and denied bail—The petitioners, including the Managing Director, Joint Managing Director, and Founder Director of the company, were implicated in a large-scale financial fraud involving unauthorized collection of deposits and money laundering, amounting to ₹1137 crores—Previous bail applications were dismissed by this court and the Supreme Court due to failure to satisfy the twin conditions under Section 45 of the Prevention of Money Laundering Act (PMLA) 2002, a stance reaffirmed in light of the Supreme Court's decision in Vijay Madanlal Choudhary's case—The court emphasized the absence of new circumstances justif...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21, 27—Bail granted to petitioner in case involving 10.71 grams of chitta/heroin — Co-accused previously released on bail — Court cites lack of flight risk, completed investigation, and intermediate quantity of contraband — Upholds bail under Section 439 of CrPC, emphasizing judicial discretion and precedent on criminal antecedents — Conditions imposed to ensure attendance and non-interference with witnesses — Investigating agency retains right to seek bail cancellation for non-compliance — Order not indicative of case merits—Bail subject to Rs. 2,00,000 personal bond with surety, adherence to specified conditions, and court notification requirements. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20, 25—Bail applications under Section 439 CrPC in FIR No. 89/2022, under NDPS Act for possession of commercial quantity of charas, dismissed—Court cites Section 37 NDPS Act, Supreme Court precedent prohibiting bail unless innocence is proven and no likelihood of reoffending—Trial nearing completion, with directions to conclude by August 31, 2024. ...

 Penal Code, 1860 (IPC)—Sections 354, 354B, 361—Petitioner, Shri Pynskhemborlang Masharing, sought bail under Section 439 Cr.P.C—The case involves charges under Sections 354, 354B, 361, 363, 376(1), 375(2)(j) IPC read with Sections 3(a)/4/7/8 of the POCSO Act—The petitioner was arrested based on an FIR lodged by the survivor’s mother, detailing incidents of sexual assault by two individuals—The court noted the consensual nature of the relationship between the petitioner and the survivor, highlighting similar observations from the Madras and Calcutta High Courts regarding the application of the POCSO Act in cases involving adolescent relationships—Considering the petitioner’s young age, prolonged custody, and completed investigation, the court granted bail with conditions to ensure the p...

Penal Code, 1860 (IPC)—Sections 354, 294(b), 509—Sole accused sought anticipatory bail for Crimes No.613/2024 and No.763/2024, respectively—The accused, fearing arrest, argued his innocence, highlighting inconsistencies in the complainant's statements, particularly the non-disclosure of sexual assault initially—Crime No.763/2024, filed by Ernakulam Central Police Station, involved allegations under Sections 354, 294(b), 509, and 323 IPC—Crime No.613/2024, registered by Thrikkodithanam Police, added allegations under Sections 354, 376(2)(n), and 506 IPC, following a second statement from the complainant after learning about the accused's impending marriage—The Public Prosecutor emphasized the need for arrest and custodial interrogation, given the serious allegations and the necessity of a potency...

Prevention of Money Laundering Act, 2002—Section 45—Criminal Procedure Code, 1973—Section 439—Bail petition—Delhi Liquor Scam Bail Petition—A Co-ordinate Bench grants petitioner liberty to file fresh bail application based on prosecution's assurance of trial conclusion within 6-8 months—Petitioner may reapply if trial delays persist within next three months, assured trial court will consider it independently of earlier dismissal—Petitions dismissed, allowing petitioner to renew bail plea post filing of final charge-sheet. (Paras 4, 5 and 6) ...

Penal Code, 1860 (IPC)—Sections 363, 366—The applicant, in custody since 06.03.2022, challenges the allegations of rape and contends false implication—The prosecution asserts the applicant's involvement based on statements of the prosecutrix and her father, alleging rape and subsequent threats—The court notes discrepancies but finds prima facie evidence of rape against the accused, emphasizing the reliability of the prosecutrix's testimony—Rejecting bail, the court directs expedited trial completion within nine months, citing the seriousness of the offense and POCSO Act provisions—The applicant retains the liberty to file a subsequent bail application if the trial extends beyond the specified period—The order is to be communicated to the Trial Court promptly for compliance. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—This third bail application under Section 439 Cr.P.C. was filed by the petitioner, who has been in custody since 30.11.2020, in connection with FIR No.200/2020 for offences under Sections 8/15 and 8/29 of the NDPS Act—The petitioner argued that despite being in custody for 3 years and 6 months, the trial has seen little progress, with only 1 out of 27 prosecution witnesses examined—Citing prolonged incarceration and delays in trial, the petitioner referenced Supreme Court rulings that prolonged detention without trial completion violates the right to a speedy trial under Article 21 of the Constitution—The court noted no evidence suggesting the petitioner was causing delays or posed a flight risk—The Public Prosecutor opposed the bail, e...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 21—The bail applications under Section 439 Cr.P.C. were filed by the petitioners, arrested under the NDPS Act for possessing Tramadol Hydrochloride tablets—Despite a considerable period of incarceration and minimal progress in trial, the prosecution opposed bail—Citing precedent cases and balancing statutory restrictions with the right to a speedy trial, the court granted bail—It found no indication of delay tactics or societal disruption upon release—The petitioners were ordered released on bail, each required to furnish a substantial bond—Any misuse of bail would warrant cancellation—The court clarified that its findings were limited to the bail application, ensuring no prejudice to the trial court. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—This fourth bail application under Section 439 Cr.P.C. concerns the petitioner, who has been in custody since 05.11.2020, following his arrest in connection with FIR No.145/2020, registered at Police Station Desuri, District Pali, for offences under Sections 8/15, 25, and 29 of the NDPS Act—During a nakabandi on 05.11.2020, the police intercepted two cars, recovering 102 kg of poppy husk/straw and arresting the petitioner—The petitioner's counsel argued for bail, citing prolonged incarceration of over 3.5 years and the slow pace of trial, with only 5 out of 17 witnesses examined—The Public Prosecutor opposed the application, emphasizing the severity of the NDPS Act offences—The Court, considering precedents like Rabi Prakash vs. Sta...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8 and 18—Bail —Seeks bail due to trial delays—With only 2 witnesses examined out of 25 in over 3 years, the delay isn't attributed to the petitioner—Citing precedents, including Supreme Court orders emphasizing speedy trials and balancing statutory restrictions with constitutional rights, the court grants bail—It finds no indication of delay tactics or societal disruption upon release—Notably, the co-accused has been granted bail previously—Given the petitioner's lengthy custody and incomplete trial, bail is granted with conditions—Absence or trial delay tactics may lead to bail cancellation—The ruling's scope is limited to bail proceedings, not trial merits. ...

Penal Code, 1860 (IPC)—Sections 406, 420—Finding violations of a compromise agreement and bail conditions, cancels bail granted to respondents Jitendra Ahuja and Rinkal Ahuja in a case involving charges under Sections 406, 420 & 120-B IPC—The bail was originally granted solely based on the compromise, without delving into the case's merits—The cancellation application was supported by instances of dishonored cheques and repeated offenses by the respondents—Notably, a similar bail cancellation was allowed for another accused in the same case—The order, effective from 30.07.2024, allows respondents to file a fresh bail application based on case merits. ...

Penal Code, 1860 (IPC)—Sections 323, 325, 341—Allegations include assault, criminal conspiracy, and illegal possession of weapons—Appellant previously granted bail in 2022, revoked due to non-compliance and further criminal activity—Prosecution claims appellant and associates attacked, causing grievous injuries and threatening with weapons—Defence argues cooperation with investigation and lack of violence history—However, court cites appellant's conduct, criminal history, and ongoing proceedings, rejecting anticipatory bail plea. ...

Bail Granted in Crypto Ponzi Scheme Case: Legal Interpretation of Cryptocurrency Transactions—In a significant ruling, bail has been granted to the petitioners, accused in a case involving alleged cryptocurrency fraud—The court meticulously analyzed the prosecution's case, emphasizing the distinction between crypto transactions and traditional financial dealings—It observed that mere involvement in cryptocurrency trading does not constitute an offense, as upheld by the Supreme Court—The accused were found to have not induced investments based on false promises, with investors acting of their own accord—Moreover, the court determined that cryptocurrency does not fall under the purview of existing financial laws, debunking the allegations of Ponzi schemes—Consequently, the detention of the accused was...

Prevention of Money Laundering Act, 2002—Section 19—Arvind Kejriwal challenges his arrest by the Directorate of Enforcement amid pending legal proceedings—The Supreme Court, considering the ongoing Lok Sabha elections and legal complexities, grants interim bail until June 1, 2024—The bail is subject to conditions including bail bonds, restrictions on official duties, and non-interference with the case—The Court emphasizes the significance of elections but clarifies that bail doesn't imply guilt—The decision balances legal intricacies with the democratic process, ensuring Kejriwal's participation while upholding judicial integrity. ...

Bail—National Investigating Agency Act, 2008, Section 21—Constitution of India, Article 136—Appeal to impugn order granted bail—Not an application to cancell bail—Respondent didnot violate conditions of bail—Respondent having been enlarged on bail conditionally and the conditions so stipulated having not been violated and undisputedly the appellant-state having not sought for cancellation of the bail till date would be the prime reason for court, not to entertain this appeal—In fact, the apprehension of the Union of India that respondent is likely to pose threat to the witnesses and there was a threat posed to the complainant, would not be a ground to set aside the impugned order enlarging the respondent on bail—Bail order upheld. (Paras 16, 17) Result:- Appeal allowed. ...

M. P. Excise Act, 1915—Section 34(2)—Applicant filed a bail application under Section 439 Cr.P.C. for an offense under Section 34(2) of the M.P. Excise Act—The applicant, in custody since 16.04.2024, faces allegations of possessing 189 liters of illicit liquor—With no prior criminal record, he expressed willingness to cooperate and reform—The court, without commenting on the case's merits, granted bail, citing the opportunity for the applicant's course correction—Bail was set at a personal bond of Rs.50,000 with one solvent surety—Conditions included compliance with bond terms, cooperation in investigation/trial, refraining from inducement or threats, and not committing similar offenses—The applicant must not seek undue trial adjournments, leave India without court permission, or eng...

Penal Code, 1860 (IPC)—Sections 328 and 380, 420—Bail Granted to Petitioner Accused of Intoxicating and Robbing Complainant: The petitioner sought bail in a case involving alleged intoxication and theft after meeting through a dating app—The complainant alleged the petitioner, under the guise of friendship, drugged him, causing him to lose valuables—The petitioner, incarcerated for over six months, argued lack of evidence and the recovery of stolen items—The state, while acknowledging the filing of the final report, highlighted pending charges and unexamined witnesses—The court, adhering to legal principles favoring bail and considering the circumstances, granted bail—It emphasized the petitioner's prolonged incarceration, lack of progress in the trial, and potential for continued detention wi...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21(c)—Petitioner, seeking regular bail in an NDPS Act case, had also been arrested in another FIR prior to the current one, suggesting a possible false implication—The State's affidavit clarified the sequence of events leading to the petitioner's arrest—Citing previous judgments, the petitioner argued that discrepancies in FIR details cast doubt on the prosecution's integrity—Noting the extended custody and the nature of the alleged offences, the court granted bail, emphasizing the absence of any opinion on the case's merits—The petitioner was released on bail with conditions to ensure compliance and non-recurrence of similar offences, with the caveat that the ruling did not reflect a stance on the case's substance. ...

Penal Code, 1860 (IPC)—Sections 307, 160, 148—Two petitions filed under Section 439 CrPC seek bail in cross cases involving firearms offenses at Police Station City Kotkapura—In FIR No.135, a crossfire incident led to one death and subsequent arrests—Petitioner Manjinder Singh @ Kala Sekhon denies presence at the scene and argues lack of incriminating evidence—Gurinderpal Singh @ Gora Bhau's role is limited to alleged threats against a witness—Prosecution witnesses fail to support the case during trial—Both petitioners have been in custody for an extended period—Court considers petitioners' roles in the case, their custody durations, and the likelihood of a lengthy trial—Citing Supreme Court precedents, the court grants bail, emphasizing the absence of direct evidence against t...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21B, 61—Petitioner seeks regular bail in NDPS and Arms Act case—Allegations include recovery of contraband from car—Co-accused previously granted interim bail—Petitioner's counsel argues lack of admissible evidence and non-commercial quantity—Petitioner incarcerated over 3 months—No witnesses examined yet—Charges framed recently—Court emphasizes presumption of innocence, right to speedy trial, and discretion in granting bail—Cites legal precedents—Court grants bail, noting non-commercial quantity, co-accused's bail, delay in trial, and lack of examined witnesses—Bail granted without commenting on case merits—Petitioner ordered release on bail bond and surety bond—Court clarifies decision...

Penal Code, 1860 (IPC)—Sections 384, 419—Accused Balbir Singh in FIR No. 28/2023 by Punjab & Haryana High Court—The court, considering the petitioner's criminal antecedents, sets bail conditions including a personal bond and surety, adherence to strict mobile phone restrictions, and prohibitions on influencing witnesses or committing further offences—The court emphasizes the need for judicial balance between liberty and trial fairness—The order underscores the importance of proportional and rights-conscious bail conditions, aiming for rehabilitation while ensuring public safety—Accused must comply with conditions, and any modification requests can be filed before the court—The ruling prioritizes fundamental rights and aims for equitable justice. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8(C), 20(B)—Apex Court reserving the right to seek bail if the trial didn't conclude within six months, the trial remains pending—The court notes the applicant's prolonged incarceration and the lack of progress in trial proceedings—Given these circumstances and the Apex Court's directive, the court grants bail, emphasizing the need for trial completion within specified timelines—The bail is subject to conditions ensuring the applicant's cooperation with legal proceedings and preventing misuse of liberty—The court directs the applicant to execute a personal bond and furnishes specific conditions for his release—Additionally, it empowers the Sessions Judge to take appropriate action in case of condition breaches. ...

Bail—Criminal Procedure Code, 1973, Section 439—Bail—Appellant assails the order of a Division Bench of the High Court—Disposing her application for bail with liberty to approach the Trial Court for filing a fresh application for bail—Complaints therein related to violence that broke out at a function organised by Elgar Parishad—Bail granted—In the event there is breach of any of these conditions or any other condition that may be imposed by the Special Court independently, it would be open to the prosecution to seek cancellation of bail granted to the appellant before the Special Court only, without any further reference to this Court. (Paras 1, 2, 42-44) Result: The appeal stands allowed. ...

Penal Code, 1860 (IPC)—Sections 302, 307, 323, 325—Petitioner sought bail under Section 439 of the Cr.P.C. in a case involving multiple serious charges including murder, attempted murder, and various other offenses—The prosecution presented evidence including CCTV footage and witness statements implicating the petitioner in the crime—The victim's statements, medical records, and the nature of injuries sustained further supported the case against the petitioner—Despite the petitioner's arguments and considerations such as the length of detention and family circumstances, the court found the evidence sufficient to establish a prima facie case against the petitioner—Consequently, the bail application was denied, emphasizing the seriousness of the offenses and the need to protect public safety. ...

Penal Code, 1860 (IPC)—Sections 302, 452—A bail cancellation application, the Court considered the grant of bail to accused persons facing trial for serious offenses—The applicants argued that the bail order was erroneous, citing reasons such as the nature of the offense, conduct of the accused, and potential witness tampering—However, the Court found the bail order to be reasoned and based on relevant factors, including the delay in filing the FIR and the lack of corroborative evidence—The Court noted that the accused had not violated any bail conditions or misused their liberty since being released—Therefore, the Court rejected the bail cancellation application, concluding that there were no reasonable grounds to revoke bail. ...

Penal Code, 1860 (IPC)—Sections 147, 148, 149—Murder of Ankit Sharma during the Delhi riots—The prosecution alleged the applicant's involvement in riotous activities and the murder based on witness statements—However, during trial, key witnesses failed to identify the applicant conclusively—Moreover, the applicant had been discharged in a similar case—Despite the serious nature of the charges, the prolonged incarceration of the applicant, the slow progress of the trial, and his familial responsibilities were considered—The court granted bail, emphasizing that bail is the rule, not the exception, pending trial—The applicant was directed to comply with several conditions, including providing his address, appearing in court, and refraining from criminal activities or contacting witnesses&md...

Penal Code, 1860 (IPC)—Sections 387, 222, 186, 506—Criminal Law (Amendment) Act, 2013—Section 7 – Bail—Applicant, a sitting Member of Legislative Assembly, is accused in Case Crime No. 88 of 2023 under various sections including extortion and corruption—Allegations involve his wife's frequent visits to jail, unauthorized access, and attempts to threaten witnesses—Despite a criminal history, bail has been granted in previous cases—The defense argues lack of evidence against the applicant—The state opposes bail citing the applicant's influence and potential to obstruct justice—The court, considering the seriousness of the allegations and the applicant's influential position, denies bail, emphasizing the need for an expedited trial and impartial proceedings—The dec...

Penal Code, 1860 (IPC)—Sections 120B, 121—Petitioner, Zakir Hussain, sought bail in Sessions Case No. 125/2023 linked to Barpeta P.S. Case No. 175/2023—Despite allegations connecting him to banned organizations, the Court found further custody unnecessary considering the charge-sheet and his detention period—The bail was granted upon furnishing a bond of Rs.2,00,000/- with two local sureties each of the same amount—Conditions include appearing in court as required, staying within jurisdiction, not obstructing investigation or tampering with evidence, and refraining from influencing witnesses—Any breach will lead to bail revocation—The petitioner must also commit to attending trial proceedings—The Court disposed of the bail application with these directions. ...

Penal Code, 1860 (IPC)—Sections 120-B, 307—Bail petition seeking release from detention in a criminal case involving serious charges, the High Court granted bail to the petitioner, a student implicated in the case—The court noted the lack of legally admissible evidence connecting the petitioner to the crime, emphasizing that statements from co-accused were inadmissible—Other evidence presented was deemed insufficient to establish the petitioner's involvement—Concerns about the petitioner's safety in custody and the potential impact on his future were also considered—The court imposed several conditions on the petitioner's bail, including attending all trial hearings, refraining from tampering with witnesses or evidence, and maintaining communication with the police and court—Any misuse...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 21—Bail to petitioner despite pregnant wife's needs and claims of innocence, citing criminal antecedents and seriousness of accusations—In a case involving recovery of 7.34 grams of heroin, petitioner asserts innocence and necessity to support his pregnant wife, while respondent emphasizes criminal history and severity of offences—Court relies on Supreme Court precedents, considering petitioner's criminal record and offence gravity, denying bail to prevent potential societal threat—Decision reflects judicial adherence to principles of bail based on criminal antecedents and offence nature, ensuring public safety while balancing individual circumstances. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Petitioner sought anticipatory bail under Section 438 of the CrPC in connection with an FIR regarding the possession and transportation of cough syrup containing Codeine, a contraband under the NDPS Act—Despite the petitioner's claims of lawful activity, the court found evidence suggesting involvement in selling contraband substances—Citing precedent and the seriousness of drug-related offenses, the court denied anticipatory bail, emphasizing societal welfare over individual liberty—The court's decision underscores the need for stringent application of NDPS Act provisions and balancing individual rights with law enforcement interests. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 – Sections 18, 29—Bail Granted under Section 439 CrPC: Applicant accused of NDPS Act violation granted bail due to lack of prima facie evidence and prolonged trial—The court noted recovery was of intermediate quantity, not subject to stringent NDPS Act provisions—Considering the applicant's clean record, familial responsibilities, and extended custody without charges framed, bail was deemed appropriate—Court imposed conditions including bond and regular appearance—Citing precedents, the court emphasized the purpose of bail as securing attendance, not punishment, and acknowledged potential trial delays—Observations made in the bail order were specified as distinct from trial merits—Any violation may lead to bail cancellation—Bail ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 15—Petitioner's fourth bail application under Section 439 Cr.P.C. is dismissed by the court, considering the pending trial for NDPS Act offences and the petitioner's criminal antecedents—Despite the absence of direct recovery from the petitioner, the court finds sufficient corroborative evidence, including mobile communications, indicating involvement in the alleged crime—The court, citing Section 37 of the NDPS Act, emphasizes the stringent parameters for bail in drug-related cases—While not expressing a view on the case's merits, the court refuses bail, citing the petitioner's criminal history and the likelihood of reoffending—The decision underscores the need to satisfy conditions outlined in Section 37 for bail under th...

Penal Code, 1860 (IPC)—Sections 286, 304—Explosive Act, 1884—Section 9(B) (1) (b)—Petitioners, accused in a case involving an explosion resulting in fatalities and property damage during a festival, sought bail—They argued lack of complicity, citing the contractor's negligence—Despite opposition, the court granted bail considering completed investigation and recoveries—Referencing legal precedents emphasizing bail as the norm, it imposed stringent conditions, including regular reporting to authorities, non-interference with evidence, and surrendering passports—Violation could lead to bail cancellation—The court emphasized continued investigation even post-bail—The ruling underscores the presumption of innocence and the need for judicial discretion in bail matters. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 22(c)—Accused filed bail applications under Section 439 CrPC, disputing their involvement in an NDPS Act case—They alleged procedural violations by the Detecting Officer, including improper mixing of seized contraband—The prosecution opposed, citing potential repeat offenses—The court noted mandatory procedural requirements under Section 52A and Rules 3 & 10 of NDPS Act, emphasizing the need for proper inventory and sample drawing—It referenced Supreme Court precedents and granted bail due to lack of criminal history and procedural irregularities—The bail conditions include appearance before the Investigating Officer, non-tampering with evidence, and surrendering passports—The ruling emphasizes fair trial principles and doesn&...

Narcotic Drugs and Psychotropic Substances Act, 1985—Section 21—Lower court's decision, denied bail to a petitioner charged under the NDPS Act for possession of 178 gms of contraband—Despite the petitioner's claim of innocence and cooperation with the trial, the court emphasized the gravity of drug trafficking and societal harm—Citing precedents and legal provisions, the court highlighted the need for stringent measures against drug offenses—Concerns of witness intimidation, evidence tampering, and impact on the investigation were raised by the state—Emphasizing the substantial quantity of drugs involved, the court concluded that the bail application lacked merit—The petitioner was directed to surrender, with a warning of legal consequences for failure to comply—This ruling underscor...

Narcotic Drugs and Psychotropic Substances Act, 1985—8(c), 22(c)—Prosecution alleges the petitioner's involvement in a scheme to transport tramadol tablets—Despite inconsistencies in the prosecution's case and doubts raised over identification procedures, the prosecution contends the petitioner's procurement and distribution of tramadol were illegal—However, the petitioner holds a valid license to deal with medicinal drugs and presents bills for legitimate transactions—The court observes that the Test Identification Parade was improperly conducted and grants bail to the petitioner, noting the absence of prior criminal records and the principle of parity with a co-accused already granted bail—The court imposes bail conditions, including personal and surety bonds and periodic reporting to auth...

Present writ petition, filed purportedly on behalf of the 'People of India', seeks extraordinary interim bail for the Chief Minister of the NCT of Delhi in pending criminal cases—However, the court finds the petition devoid of merit, citing lack of locus standi and the respondent's ability to pursue legal recourse independently—The petitioner's claim to represent the people and wield 'veto power' is dismissed as fanciful—Additionally, the court notes that prior similar petitions have been rejected—The petitioner's assertions regarding the disruption of government functioning due to the Chief Minister's incarceration are deemed irrelevant, as previously addressed by the court—Consequently, the petition is dismissed with costs imposed on the petitioner. ...

Narcotic Drugs and Psychotropic Substances Act (NDPS) case—Despite the serious charges and the recovery of narcotics, the petitioner had been in custody for a substantial period, and the trial progress was slow—Citing several precedents, including Supreme Court orders, the Court granted bail to the petitioner—Emphasizing the prolonged incarceration and the pending trial, the Court ordered release on bail, subject to various conditions—The petitioner was directed not to misuse liberty, tamper with evidence, or delay trial proceedings—The Court reserved the right for prosecution to move for bail cancellation in case of breach—The order clarified that it did not imply any opinion on the case's merits. ...

Penal Code, 1860 (IPC)—Sections 406—Police Department—The complainant, a distant relative, alleges payment of Rs. 14.5 lakhs—The petitioner contends false implication, delay in filing, and coercion on his family—Having served over 3 months in custody, facing trial before a Magistrate, and with charges framed, the petitioner pleads for bail—The state cites the petitioner's custody record and other criminal cases—Citing precedents emphasizing the presumption of innocence and the right to a speedy trial, the court grants bail, deeming further detention unnecessary—Balancing liberty and societal interests, the court orders the petitioner's release, clarifying no prejudice to trial merits. ...

Penal Code, 1860 (IPC)—Sections 307, 323—Seeking anticipatory bail for FIR No.10/2024, the petitioner, accused of causing grievous injury under Sections 307, 323, 324, 506, 148, 149, and later Section 326 IPC, argued false implication—The State opposed, citing the severity of the injury, petitioner's criminal record, and the need for custodial interrogation—Referring to precedent, the court dismissed the petition, emphasizing the gravity of the offence, the petitioner's criminal history, and the necessity of custodial interrogation despite the absence of immediate need—The decision allows the trial court to adjudicate based on evidence. ...

Penal Code, 1860 (IPC)—Sections 307—Seeking regular bail for offences under NDPS Act and Arms Act, the petitioner, Naresh Kumar @ Billu, was implicated based on co-accused statements—Despite being in custody and named in the disclosure statement, no recovery was made from him—Notably, none of the 34 prosecution witnesses had been examined, indicating a prolonged trial—Citing legal precedent, the court granted bail, emphasizing the absence of recovery from the petitioner and the lack of evidence from call detail records—The petitioner was ordered released on bail, subject to conditions including periodic reporting to the police station and furnishing bail and surety bonds—An FDR deposit was mandated as additional security. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 37—Seeking regular bail under Section 439 of the Code of Criminal Procedure in an NDPS Act case, has been incarcerated for 2 years and 7 months—Despite almost 2 years passing since charges were framed, only one witness has been examined—The prosecution failed to justify witness non-appearance, violating Article 21—Citing precedents like Satender Kumar Antil, Mohd Muslim @ Hussain, Dheeraj Kumar Shukla, and Rabi Prakash, the court held that prolonged incarceration overrides Section 37 of the NDPS Act—Granting bail, the court noted the petitioner's parity with a co-accused already granted bail—The petitioner is ordered to be released on furnishing bail bond/surety bond to the satisfaction of the trial Court/Duty Magistrate concerned. ...

High Court grants anticipatory bail to the applicant, Shekhar Kumar alias Golu Nishad, in a case involving allegations of land encroachment and sale without proper evidence linking him to the crime—Considering the applicant's criminal history, the court imposes conditions for bail, including cooperation with the trial and investigation, non-influence of witnesses, and attendance at court proceedings—The court emphasizes the importance of following Supreme Court precedents on bail matters and directs the applicant to appear before the trial court within a specified period—Failure to comply with the conditions may result in the revocation of bail—This order is specific to the anticipatory bail application and does not affect the ongoing trial proceedings. ...

Penal Code, 1860 (IPC)—Section 363—Protection of Children from Sexual Offences Act, 2012—Section 6—Kidnapping and sexual assault—Bail—The primary issue in this case is the determination of the victim's age at the time of the incident and whether the relationship was consensual, which directly impacts the decision on bail—The applicant claims false implication, pointing out contradictions in testimonies and questioning the delay in FIR registration, suggesting a consensual relationship. Opposing bail, the State highlights the severity of the offences and the victim's minor status at the time of the incident, rendering consent irrelevant—However, bail is granted based on the totality of facts, including the victim's changed testimony and the uncertainty regarding her age, withou...

Penal Code, 1860 (IPC)—Sections 143, 147—Bail granted to accused in two separate crimes—Petitioner, accused in both cases, seeks bail under Section 439 CrPC—Court hears consolidated applications—Prosecution alleges petitioner's involvement in violent crimes—Petitioner claims innocence and cites legal precedents favoring bail—Court grants bail, noting petitioner's lengthy detention, advanced stage of investigation, and lack of criminal history—Bail subject to conditions including regular appearance before Investigating Officer and prohibition on tampering with evidence—Passport surrender mandated if held—Jurisdictional limits restriction imposed—Violation may lead to bail cancellation—Court retains authority to modify conditions—Investigating Officer empo...

Bail. Criminal Procedure Code, 1973, Section 439—Bail—Appellant assails the order of a Division Bench of the High Court—Disposing her application for bail with liberty to approach the Trial Court for filing a fresh application for bail—Complaints therein related to violence that broke out at a function organised by Elgar Parishad—Bail granted—In the event there is breach of any of these conditions or any other condition that may be imposed by the Special Court independently, it would be open to the prosecution to seek cancellation of bail granted to the appellant before the Special Court only, without any further reference to this Court. (Paras 1, 2, 42-44) Result: The appeal stands allowed. ...

Penal Code, 1860 (IPC)—Sections 147, 148, 149, 302—Bail—Bail Considerations—The application for bail refers to a previous order where a co-accused was granted bail and argues for bail on the grounds of parity, asserting that the applicant's case is similar—Notably, the applicant is not named in the First Information Report (F.I.R.) and is alleged to be a conspirator based on a statement recorded three and a half months after the incident—Despite this, the applicant has been in custody since 02.06.2022—After considering the arguments presented, the court granted the bail application, imposing conditions for the applicant's release—These conditions include refraining from tampering with evidence and attending all court dates—Additionally, the applicant must furnish a personal bon...

Prevention of Money Laundering Act, 2002, Sections 3 and 4—Bail Application by accused in Money Laundering offence—Concession has been made on behalf of the respondent, Directorate before commencement of arguments on their side—In view of the statement made, we allow the present appeal and direct that the appellant, Sanjay Singh will be released on bail during the pendency of the aforesaid proceedings, on terms and conditions to be fixed by the trial Court. (Paras 3, 4) Result :- Bail granted. ...

Criminal Procedure Code, 1973—Sections 439 and 482—Penal Code, 1860—Sections 302/307/120B/34—Arms Act, 1959—Sections 25/27/54/59—Bail—Lack of direct evidence—The case involves an incident on 08.07.2021 resulting in the deaths of two passersby due to gunfire from a group—The prosecution alleges a conspiracy involving the applicants and co-accused—However, the applicants deny involvement, citing absence from CCTV footage, clean antecedents, and custody since 13.07.2021—The State argues that despite the absence from CCTV, evidence like witness statements and call detail records (CDRs) establish their connection to the crime—The court deliberates on the relevance of CDRs and the constitutional right to bail under Article 21, referencing Supreme Court precedents—Ulti...

Criminal Procedure Code, 1973—Section 482—Bail—Applicant, Sameer Mahandru, seeks medical treatment while in custody, following a court-granted liberty to reschedule his 'Arthroscopic Medial Meniscal Repair' surgery—Despite dismissal of his interim bail plea, the court permitted surgery scheduling—Upon verification of medical records and considering fundamental rights, the court orders Mahandru's admission to VNA Hospital on 23.03.2024 for four weeks, maintaining custody under the Jail Superintendent—Conditions include security arrangements, expense coverage by Mahandru, limited visitation rights for family members, no mobile phone usage, provision for legal interviews, and adherence to hospital rules—The judgment emphasizes protection of Mahandru's right to life and health, ensurin...

Penal Code, 1860 (IPC)—Sections 379, 34, 419, Section 304-II and 420—Theft and impersonation—Bail—Foreign national, sought regular bail in a case involving alleged theft—The complainant accused individuals impersonating police officers of stealing $15,000 from her husband's purse—The petitioner confessed to involvement in the theft during interrogation in another case, leading to the recovery of $5,000—The petitioner argued false implication and lack of evidence for the charge of causing death by negligence—The court, considering the petitioner's prolonged incarceration, bail in other cases, and uncertain trial timeline, granted bail—However, the issue of culpability under Section 304-II of the IPC was left to the trial court—The petitioner must provide an address outside...

Criminal Procedure Code, Section 439—Prevention of Corruption Act, 1988—13(2) read with Section 13(1)(e)—Prevention of Money-Laundering Act, 2002—Section 45—Bail Application by Accused in Money Laundering offence—It was alleged inter alia that main accused with the help of his family members and other persons had acquired disproportionate assets while he was functioning as Minister of Govt—Appellants have miserably failed to satisfy that there are reasonable grounds for believing that they are not guilty of the alleged offences—On the contrary, there is sufficient material collected by the respondent-ED to show that they are prima facie guilty of the alleged offences. (Para 30) ...

Penal Code, 1860 (IPC)—Section 420, 467, 468, 471, 409 and 120B—Prevention of Corruption Act 1988—Sections 7 and 13—Bail—Tax Branch Officer accused of financial misconduct for undercharging development fees and issuing unauthorized No Due Certificates, the primary concern was whether the actions amounted to criminal offenses under various IPC sections and the Prevention of Corruption Act—The petitioner disclaimed involvement in record alterations and denied receiving undue gains or bribes—Conversely, the State alleged collusion resulting in financial loss to the corporation and bribes for issuing certificates—Despite systemic issues within the Municipal Corporation, the court found the petitioner cooperative and deemed custodial interrogation unnecessary—After scrutinizing IPC sections...

Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989—Sections 14A and 15A(10)—Criminal Procedure Code, 1973—2(i)—Rights of victims and witnesses—Proceedings under the Atrocities Act should be video recorded and if such recording is obligatory for bail proceedings—The appellants advocated for video recording of the appeal proceedings, citing Section 15-A(10) of the Atrocities Act—Conversely, the respondents argued that not all proceedings, such as bail applications, necessitate video recording—The court underscored the compulsory nature of video recording for all proceedings under the Atrocities Act to uphold transparency and accountability—Analyzing the legislative intent and the broad interpretation of the term 'proceedings' within the Act, the court concl...

Penal Code, 1860—Sections 417, 420 r/w 120-B—Companies Act, 2013—Section 447—Documentary evidence—Bail Application—The Bombay High Court, in a bail application, granted bail to Hari Sankaran, accused No.3 in a case prosecuted by the Serious Fraud Investigation Office (SFIO)—The case involved alleged violations of Section 447 of the Companies Act, 2013, and Sections 417, 420 read with 120-B of the Indian Penal Code—Despite objections from the SFIO, the court considered Sankaran's prolonged incarceration since April 1, 2019, and his deteriorating health, including serious cardiac issues—Citing various precedents, including Union of India v. K.A. Najeeb, the court emphasized the right to speedy trial and protection of personal liberty under Article 21 of the Constitution—It high...

Prevention of Money Laundering Act, 2002—Sections 45 and 65—Code of Criminal Procedure, 1973, Section 439—Bail—Medical Grounds—Applicant sought extension of interim bail due to medical reasons for himself and his wife—The applicant had previously been granted interim bail for his wife's gall bladder surgery—Despite post-operative complications, the court refused further extension, citing misuse of the liberty and adequate medical care available to the wife—Regarding the applicant's knee surgery, the court examined the applicability of Section 45 of PMLA, which allows bail on medical grounds—It referenced precedents to establish that the sickness must be life-threatening and require specialized treatment unavailable in jail hospitals—Since the knee surgery did not mee...

Criminal procedure code—Section 438—Pre-arrest bail, when denied—In the light of these serious allegations made against no less than a senior police officer, an essential cog in the machinery of law enforcement, the High Court ought not to have taken a liberal view in the matter for the mere asking—Considering the position held by the respondent, even if he was suspended from service and the chargesheet had already been filed against him, the possibility of his tampering with the witnesses and the evidence was sufficiently high—That apart, grant of such relief to a police officer facing allegations of manipulating the investigation so as to favour an accused would send out a wrong signal in society—It would be against public interest. (Para 9) ...

Narcotics Drugs and Psychotropic Substances Act, 1985—Sections 8(c ), 21(c)—Bail Rejection in Heroin Trafficking Conspiracy—Sections 8(c), 21(c), 23(c), 25, and 29—Pakistani Nationals Collaboration—Applicant Denied Bail under Section 439 CrPC and Section 37 NDPS Act—Alleged Mastermind—Recovery of Commercial Quantity—Court Unsatisfied of Applicant's Innocence and Non-Recidivism—Material Considerations—Witness Statements, Call Data Records, and Heroin Seizure from Pakistani Boat—Nexus with Conspiracy Established—Gravity of Offence and Legislative Intent Weighed—Supreme Court Precedents on NDPS Act Bail—Emphasis on Stringent Standards—Court Rejects Bail, Citing Strong Evidentiary Link, Grave Offence, and Legislative Intent for Deterrence against Dru...

Prevention of Money Laundering Act, 2002—Section 45—Bail Restrictions—Petitioner, accused of money laundering, sought interim bail on medical grounds citing multiple health issues—The medical reports from the jail dispensary and G.B. Pant Hospital confirmed the petitioner's ailments, including high cholesterol, coronary artery disease, unstable angina, irritable bowel syndrome, lower urinary tract symptoms, spinal and neurological issues, and hip pain—Relying on the proviso to Section 45 of the Prevention of Money Laundering Act (PMLA), which allows bail for a sick person, the petitioner argued that the medical conditions warranted bail—The respondent countered that the ailments were not life-threatening, and the petitioner received adequate treatment in jail—The High Court granted interim bai...

Criminal Procedure Code, 1973 – Section 437 , Section 204– Prevention of Money Laundering Act, 2002 – Section 45-D—Summons or warrant—Bail—Court, when taking cognizance of an offense, may issue either summons or a warrant depending on the nature of the case under Section 204 of the Criminal Procedure Code (Cr.P.C.)—If the offense appears to be a summons case, the court may issue summons for the accused's attendance—However, if it appears to be a warrant case, the court may issue a warrant to bring the accused before it—In this case, the Special Court had not issued any summons or warrant against the appellant—Therefore, the appellant's application for bail could not have been entertained—The proceedings before the Special Court were flawed as there was no order for ...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8(c) r/w 20(B)(ii(C) and 29(1)—Criminal Procedure Code, 1973, Section 167(2)—Bail granted—The appellant's right to statutory bail was upheld by the court, emphasizing that it remained unaffected despite subsequent applications—Criticizing the delay in considering the matter, the court set aside the impugned order and granted statutory bail to the petitioner—The petitioner was directed to execute a bond and provide sureties, with specific conditions including non-tampering with evidence or witnesses, regular appearance before the police, and refraining from absconding—With these directions, the Criminal Revision Case was allowed.(Para 5, 10, 11 & 12) ...

Code of Criminal Procedure, 1973 — S.439—Indian Penal Code, 1860 — S.354A(ii), S.354(B), S.354(D), S.376, S.376(2)(n), S.451, S.419, S.506(I)—Protection Of Children from Sexual Offences Act, 2012 —Section 3(a), Section 4, Section 5(l), Section 6, Section 7, Section 8, Section 11(iv), Section 11(v), Section 12—Regular bail—The application for regular bail under Section 439 of CrPC was filed by the sole accused in a case registered under various sections of the IPC and the POCSO Act at Vattiyoorkavu Police Station, Thiruvananthapuram—The prosecution alleged that the accused committed aggravated sexual assault on the victim over a period of time, taking her to various places—After hearing arguments from both sides, the court noted that investigation was complete and a final report had bee...

Code of Criminal Procedure, 1973 — Section 439—Indian Penal Code, 1860 — Section 323, Section 342, Section 354, Section 354(B), Section 376, Section 376(2)(f), Section 450, Section 506—Protection Of Children from Sexual Offences Act, 2012 — Section 3(b), Section 4(2), Section 5(n)(l), Section 6, Section 7, Section 8, Section 9(n)(l), Section 10—Regular bail—The application for regular bail under Section 439 of CrPC was filed by the sole accused in a case registered under various sections of the IPC and the POCSO Act—The prosecution alleged that the accused, a close relative of the victim girl, sexually assaulted her while she was in 9th and 10th standard—After hearing arguments from both sides, the court observed that investigation was complete and a final report had been filed—C...

Indian Penal Code, 1860 — Section 324—Arrested and released on bail—Writ petition filed by the wife of the detenu, challenging his detention order dated 7th October 2023, it was revealed that the detenu was involved in 11 cases, primarily for theft and two offenses under the NDPS Act—The last prejudicial activity occurred on 14th July 2023—Despite most cases being registered at Sulthan Bathery Police Station and one at Ambalavayal Police Station, both within the District of Wayanad, the sponsoring authority only submitted its report on 23rd August 2023—The detenu was arrested and released on bail on the same day, 25th July 2023—Notably, there was a considerable delay on the part of the sponsoring authority to report before the detention authority, with no proper explanation provided in the detenti...

Code of Criminal Procedure, 1973, Section 439 Narcotic Drug and Psychotropic Substances Act, 1985, Sections 20/29, Section 52A, Section 37—Released on bail—The court considered the submissions from both parties and examined the case in light of the provisions of the NDPS Act—It noted a non-compliance with the prescribed procedure for sampling, which entitled the applicant to be released on bail—The court emphasized the importance of considering delays in trials as a factor in bail applications—It discussed the conditions for granting bail under Section 37 of the NDPS Act, highlighting that the court must be reasonably satisfied, based on a prima facie assessment, that the accused may not be guilty—The court cited previous judgments to support its decision regarding delay in sampling procedures—Ult...

Criminal Procedure Code, 1973, Section 482—Penal Code, 1860, Section 498-A, 323, 504, 506—Bail Granted with Stringent Conditions: Judicial Emphasis on Fair Trial and Liberty—Granting bail under Section 439, the court, mindful of charges under Sections 307, 302, 506, and 120-B, imposed stringent conditions to ensure a fair trial—Citing concerns about trial uncertainty, biased investigation, and the applicant's right to a speedy trial, the court acknowledged jail overcrowding—Conditions include no tampering with evidence or threatening witnesses, an undertaking against unnecessary adjournments, and ensuring the applicant's court presence—Emphasizing adherence to trial dates, the court warned against bail misuse with legal consequences for defaults—The decision balances liberty with the imper...

CONTEMPT OF COURTS ACT, 1971—Section 12—Contempt of Court—Truth—It is well settled that a litigant, who attempts to pollute stream of justice or who touches pure fountain of justice with tainted hands, is not entitled to any relief, interim or find—Supreme Court was happier to hear anything except truth, read anything except truth, speak anything except truth and believe anything except truth—Someone rightly said that 'Lies are very sweet, while truth is bitter' that's why most people prefer telling lies'.  Criminal Procedure Code, 1973—Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 20 (b) (ii) (c)—Pending trial—Grant of bail—Legality of—To avoid any confusion in future it would be appropriate to mandatorily in a...

Code of Criminal Procedure, 1973,  Sections 439 read with Section 482—Grant of interim bai—The court, in response to the applicant's plea for interim bail due to inadequate medical facilities, observed the deficiency in physiotherapy equipment at Central Jail-07—Emphasizing the inherent right to health for prisoners, the court directed the admission of the applicant to Safdarjung Hospital for two weeks, overseeing security arrangements—The court also highlighted the obligation of the NCT of Delhi to maintain high medical standards in prison facilities and issued directions for timely reports on medical infrastructure— Furthermore, a committee was formed to recommend improvements in prison healthcare within a month—The judgment reinforces the equal entitlement of prisoners to adequate medical ca...

  Evidence Act, 1872 – Section 114A—Penal Code, 1860—Sections 375 and 376—Allegation of Rape—Bail—The petitioner, lacking a criminal history, contested a rape allegation, highlighting the victim's delayed report of two years as a credibility issue—Despite finding the victim's statement credible and substantiated evidence against the petitioner, the court expressed concern over flight risk and evidence tampering—Consequently, the bail application was denied—The court considered factors such as the victim's ability to identify the location of the incident and her communication with the petitioner and his brother-in-law—The judgment acknowledged that delayed reporting is typical in sexual assault cases—The decision reflects the court's balancing act bet...

Penal Code, 1860 (IPC) - Sections 409, 468, 471, 477-A and 120-B—Allegations of economic offences under the P.C. Act and IPC, were granted anticipatory bail by this Court on 24.01.2022. The learned Trial Court erred in remanding them to custody despite the ongoing interim bail and misinterpreted their cooperation with the investigation. The Court emphasized that anticipatory bail typically continues until the trial's conclusion unless specifically curtailed. The inherent jurisdiction under Section 482 was deemed applicable due to the illegality of the Trial Court's order. Consequently, the Court set aside the remand order, reaffirmed the Petitioners' interim bail, and underscored the necessity for subordinate courts to adhere to higher court directives to maintain judicial integrity. The CRLMC was ultimately disposed of ...

Penal Code, 1860 (IPC) - Sections 409, 468, 471, 477-A and 120-B—Challenges the order dated 20—03—2023 of the Special Judge, Vigilance, Bhawanipatna, which denied bail to the accused-Petitioners despite their earlier grant of anticipatory bail by this Court on 24—01—2022— The Petitioners faced allegations of misappropriation of government funds and forgery— The Court took cognizance post-charge sheet, but remanded them to custody, citing non-cooperation in the investigation— The Petitioners contended that the order was illegal, asserting that anticipatory bail should continue until trial's end— The Court emphasized the importance of hierarchical discipline, asserting that subordinate courts must follow higher court orders— It ruled that the Petitioners remained in constructiv...

(A) Constitution of India—Article 136 Certificate and Affidavit filed by the Advocate-on-Record and petitioner/appellant in compliance with Supreme Court Rules—Criticism of appellant's legal team for not bringing crucial facts before the High Court's attention—Emphasizes the duty of parties to make full and correct disclosures—Advocates, especially Senior advocates, held to a very high standard of professionalism and legal acumen—Expectation for lawyers to diligently verify facts from case records—Encourages legal professionals to set high standards for emulation across the legal community. (Paras 13 and 14) (B) Criminal Procedure Code, 1973—Section 439—Penal Code, 1860—Sections 186, 204, 353, 384 and 120B—Prevention of Money Laundering Act, 2002—Sections 3, 4 an...

Code of Criminal Procedure, 1973, Section 439—Prevention of Money Laundering Act, 2002, Section 3 read with Section 4 — Penal Code, 1860, Sections 406, 411, 418, 419, 420, 468 and Section 120-B—Bail—Dismissed the bail application under Section 439 of the Code of Criminal Procedure, 1973, filed by the applicant-accused in connection with a Prevention of Money Laundering Act, 2002 case—The applicant faced charges of cheating complainants in securing admissions at HIHT, Dehradun, allegedly generating Rs. 1.29 Cr. through criminal activities— The court noted specific roles attributed to the applicant in inducing admissions and receiving commissions—Despite the defense's argument about lack of allegations involving handling of proceeds of crime, the court found substantial and grave allegations, em...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 20, 29 and 52A — Criminal Procedure Code, 1973, Section 439—Bail——The petitioner, Rakesh Kumar, sought bail under Section 439 Cr.P.C. in a narcotics case—The FIR, filed in April 2021, implicated the petitioner under the NDPS Act—The co-accused, Kushwind, was apprehended with charas, allegedly linked to the petitioner—The petitioner's plea highlighted procedural breaches, challenging the admissibility of Call Detail Records and asserting vagueness in financial transactions—Emphasizing delays and lapses in sampling procedures, the petitioner sought bail—The court, however, rejected the petition, citing the serious nature of the crime, substantial transactions, and the ongoing trial—It deemed the petitioner's inv...

Narcotic Drugs & Psychotropic Substances Act, 1985, 37, 21—Regular bail—Petitioner faced allegations of possessing narcotics—Despite the police's claim of the petitioner being involved in a heinous crime, the judge, relying on Supreme Court precedents, emphasized the discretionary nature of bail—Noting the petitioner's previous acquittals and imposition of a fine in one case, the court deemed mere FIR registration insufficient to deny bail—Considering the intermediate quantity of seized substances, the judge found Section 37 of the NDPS Act inapplicable—Emphasizing the petitioner's right to a chance at reformation and the absence of concrete evidence linking him to drug peddling, the court granted bail with stringent conditions— The judgment clarified that observations made do not ...

Indian Penal Code, 1860—Section 34, Section 304(B)—Dowry Prohibition Act, 1961 — Section 3, Section 4—The applicant seeks regular bail in a case involving IPC Sections 304(B)/34 and D.P. Act Sections 3/4—Previous bail application was rejected—The applicant claims innocence, providing the FIR and expressing readiness for trial—The court notes the trial delay due to a stay order, now lifted—Despite the stay removal, the court rejects the bail application but instructs the trial court to expedite proceedings. ...

Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 8(c), Section 20(b)(ii)(A)—Arms Act, 1959 — Section 25(1A)—Indian Penal Code, 1860 — Section 229A—Seeks bail—The petitioner (A1), held for an alleged NDPS Act and Arms Act violation, seeks bail—Prosecution cites possession of 750 gms of Ganja—Defense claims innocence, asserting false implication—With the contraband not in commercial quantity, prior similar case, and pending investigation, the court grants bail—Release conditions include a Rs.10,000 bond with two sureties, monthly court appearances, non-tampering with evidence, and no absconding—Breach empowers the trial court to act, following legal precedents. ...

Indian Penal Code, 1860 — Section 229A, Section 294(b), Section 506(ii)—Arms Act, 1959 — Section 25(1A)—Seeks bail—The prosecution cites public disturbance with a knife and obscene shouting. Defense claims innocence, alleging false implication—With a history of 34 prior cases and pending investigation, the court grants bail—Conditions include a Rs.10,000 bond, monthly court appearances, non-tampering with evidence, and no absconding—Breach empowers the trial court to act, following legal precedents. ...

Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20, 29, 37, 50 and 37(1)(b)(ii)—Grants bail—The applicant, accused of drug possession, challenges the FSL report's reliability, highlighting discrepancies in the chemical test for ganja identification—The court, emphasizing the importance of the chemical test's accuracy, notes the absence of recorded color combinations in the FSL report. Referring to UNODC recommendations, the court questions the adequacy of the FSL's procedure. While acknowledging the seriousness of the charges, the court grants bail, considering the applicant's lengthy judicial custody, incomplete trial, and his past compliance with bail conditions—The decision is not a judgment on the case's merits. ...

Prevention of Money Laundering Act, 2002—Section 50—Securities & Exchange Board of India Act, 1992—Section 12—Granted regular bail —The court, after considering the arguments, granted regular bail to Accused No. 1 (A1) and Accused No. 3 (A3) in connection with Enforcement Case Information Report (ECIR) No. ECIR/HYZO/08/2023 dated 15.02.2023—The court found that the Enforcement Directorate officials had possibly adopted illegal methods during the investigation, including detaining and arresting the accused without sufficient basis. It noted that the statements recorded under Section 50 of the Prevention of Money Laundering Act, 2002 (PMLA Act) seemed to be under duress—The court highlighted the need for transparency and fair play by investigating agencies, emphasizing that even economic offence...

Criminal Procedure Code, 1973—Sections 439 and 100—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 36A(3), 21, 29 and 50—Seeking bail in a case related to the supply of heroin in Delhi—The primary contention is the alleged non-compliance of Section 50 of the NDPS Act, emphasizing the right of the accused to be searched in the presence of the 'nearest' Gazetted Officer or Magistrate—The court, citing precedent and legislative intent, holds that the word 'nearest' in Section 50 is intentional and cannot be ignored—The notice served on the accused did not mention 'nearest,' leading to non-compliance—The court grants bail, considering the accused's custody duration, completed investigation, and ongoing trial, imposing various conditions—The judgmen...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 8, 22(c), 23, 29 and 67—Evidence Act, 1872, Section 65B—Denies regular bail—NDPS Act—Commercial quantities of psychotropic substances—The prosecution details recoveries, linking the petitioner to a significant quantity of seized drugs and international drug trafficking—The defense argues inadmissibility of certain statements and challenges the search's legality—It questions the procedural compliance under Section 52-A of the NDPS Act—The court rejects bail, emphasizing the recoveries based on the petitioner's disclosures, admissible under Section 27 of the Indian Evidence Act—It deems procedural issues premature for bail consideration, citing precedent that allows testing during trial—The court finds the ...

Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 67, 8, 22(c), 23, 29—Recovered tablets—The prosecution's case includes the recovery of commercial quantities of psychotropic substances from the applicant's rented apartment and parcels sent abroad—The defense argues that the applicant's name surfaces for the first time in a co-accused's statement, with no recovery directly linked to him—The defense raises concerns about the legality of the search, procedural lapses, and the delay in compliance with statutory procedures—The court, however, notes multiple recoveries at the applicant's instance, WhatsApp chats indicating involvement, and argues that compliance issues should be addressed during trial—The court denies bail, citing the seriousness of the offenses and potential...

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Penal Code, 1860 (IPC) - Sections 406, 420, 468, 471 and 34—Allegations against the petitioner under the Prevention of Money Laundering Act (PMLA)— The petitioner contests the charges stemming from an FIR filed by Niranjan Sahu, alleging fraudulent practices in a Multi Level Marketing scheme operated by M/s— Fine Indi Sales Pvt— Ltd— The petitioner, claiming false implications and no prima facie evidence against him, sought bail, emphasizing his cooperation with investigations and his status as a blind individual— The court recognized the absence of tampering evidence, the petitioner’s lack of prior arrest, and the cooperative nature of his involvement— Citing previous rulings, the court affirmed that bail could be granted despite the PMLA's stringent conditions— Consequently, the ...

Prevention of Corruption Act, 1988—Sections 13(2) read with 13(1)(d)—Prevention of Money Laundering Act, 2002—Sections 44 and 45Penal Code, 1860 (IPC)—Sections 120B read with sections 420, 465, 467, 468 and 471—Money laundering offense—Economic Offences—Rejects bail solely based on the precedent of co-accused being granted bail, asserting that parity is not a legal principle. Instead, the court insists on a case-specific examination of the individual role of the accused seeking bail, leading to the dismissal of the appeal. The rise of technology and Artificial Intelligence has amplified the threat of economic offenses like money laundering to the country's financial system, presenting a significant challenge for investigative agencies. The court emphasizes the need for meticulous investigation...

Criminal Procedure Code, 1973—Sections 167, 437 and 439—Penal Code, 1860—Sections 166, 167, 418, 420, 465, 468, 471, 409, 201, 109 and 120(B) — Prevention of Corruption Act, 1988 - Sections 17A, 13(2), 13(1)(c) and 13(1)(d) — Memorandum of Agreement—Formally arrested—Former Andhra Pradesh Chief Minister Granted Bail in Rs—370 Crore Misappropriation Case: The petitioner, A.37, sought bail under Cr.P.C—Sections 437 and 439 for offenses related to a SIEMENS-linked skill development project—Allegations include misappropriation exceeding Rs—370 Crores through fraudulent means—The petitioner, claiming political motivation and procedural violations in the arrest, faced prosecution emphasizing the gravity of the economic offense—The court, considering case complexity, p...

Criminal Procedure Code, 1973—Section 439 —  Arms Act, 1959—Sections 25, 27, 54 and 59—Penal Code, 1860—Section 302 Bail—Attempted suicide—The court has granted regular bail to the petitioner, Naveen Uppal, who was seeking bail in connection with FIR No—106/2016 under Section 302 IPC, 1860, read with Sections 25/27/54/59 Arms Act, 1959—The prosecution alleges that Uppal shot Anjali Devi, with whom he had a romantic relationship, leading to her death—Uppal claims a consensual suicide pact, asserting that the pistol malfunctioned when he attempted suicide—The court finds merit in the petitioner's submissions, considering evidence of their relationship and the suicide pact—The bail is granted with specific conditions, emphasizing that the observations are only f...

Criminal Procedure Code, 1973 (CrPC) - Sections 161, 164 and 439 — Penal Code, 1860 (IPC) - Sections 306, 201, 498A and 302—Seeking regular bail under Section 439 CrPC—The charges against him, in connection with FIR No—377/2017, include Section 306 IPC (abetment to suicide) and other sections—The prosecution claims that the petitioner's wife was found dead with ligature marks on her neck—The petitioner argues that the evidence, including statements from the deceased's biological parents and children, is unreliable—The court, considering the nature of the accusations, the medical evidence, and the petitioner's custody duration, grants bail—The petitioner must furnish a bond and adhere to specified conditions—The court clarifies that the order is not a judgment on the case...

Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 22(c) and 29—The petitioner, the 1st accused in a narcotics case, seeks regular bail. Allegedly found in possession of 17.4 grams of MDMA, he asserts innocence. The court, noting the Chemical Analysis Report and the similarity with the 3rd accused's case, grants bail. Emphasizing the petitioner's custody since 09.07.2023 and no flight risk, bail is allowed with conditions, including a bond of Rs.1,00,000, regular appearance before the Investigating Officer, non-intimidation of witnesses, and surrendering the passport. Any violation empowers the jurisdictional court to consider bail cancellation. ...

Narcotic Drugs And Psychotropic Substances Act, 1985—Sections 67, 23 and 8©—Second bail application by Mr. A. Badharudeen, accused in a narcotics case, the court heard arguments from the defense and the Special Public Prosecutor. The prosecution alleges that Mr. Badharudeen was involved in transporting 18 kg of Heroin, valued at Rs. 18 Crores, intending to deliver it to a co-accused in New Delhi. Despite the petitioner's claim of innocence and a need for surgery, the court, citing Section 37 of the NDPS Act, denied bail. The court also emphasized the need for expedited trial, instructing the Special Judge to dispose of the case within 6 months. The earlier bail application was dismissed based on the strength of prosecution allegations. ...

Criminal Procedure Code, 1973 (CrPC)—Section 41A—The Andhra Pradesh Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenderes, Goondas, Immoral Traffic Offenders and Land-Grabbers Act, 1986—Section 3(1)&(2) r/w 2(a)&(b)—The petitioner filed a writ petition seeking a writ of Habeas Corpus under Article 226 of the Constitution of India, directing the 4th respondent to produce the detenue Bandam Nagamani and further seeking her release. The detenue was detained under the A.P. Prevention of Dangerous Activities of Bootleggers, Dacoits, Drug Offenders, Gondas, Immoral Traffic Offenders, and Land Grabbers Act, 1986. The petitioner argued that the detenue had been granted conditional bail in four out of six cases considered for preventive detention, but the bail orders were not placed before the ...

Arms Act, 1959—Section 3 read with Section 25—Penal Code, 1860 (IPC)—Sections 307, 332, 333, 336, 353, 420, 398 and 120B —Ataur Rehman in connection with Case Crime No. 991 of 2022 at Kotwali Laksar, District Haridwar. The applicant faces charges under Sections 307, 332, 333, 336, 353, 420, 398, 120B of IPC, and Section 3 read with Section 25 of the Arms Act, 1959. The First Information Report implicates the applicant through co-accused confessions. No Test Identification Parade conducted. The court, considering no previous convictions, permanent residency, and the filed charge sheet, grants bail with conditions. Misuse may lead to bail cancellation. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Religious Institutions (Prevention of Misuse) Act, 1988—Section 7—Juvenile Justice (Care and Protection of Children) Act, 2015—Section 75—Penal Code, 1860 (IPC)—Sections 376(2)(n), 376(DA), 376(3), 201, 202 and 506 read with Sections 34 and 37—Protection of Children from Sexual Offences Act, 2012—Section 5(l) read with Section 6 and 17—Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989—Section 3(1)(w)(i)(ii) and Section 3(2)(v)(va)—Bail—Murugharajendra Mutt, accused of sexual harassment, faces charges under the Atrocities Act, allegedly invoked based on the caste of one victim. The court holds that the position of the accused doesn't imply evidence tampering. It deems the Atrocities A...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)— Sections 22 and 37—Criminal Procedure Code. 1973 (CrPC)—Section 439—Bail—Petitioner, found with Proxywell Spas Capsules containing Tramadol Hydrochloride, faced a previous Section 21 NDPS Act offense. Despite Section 37 not applying, bail is denied as criminal antecedents matter. Section 35 presumes a culpable mental state, placing the burden on the accused. Previous involvement in a similar offense weighs against bail eligibility. The petition is dismissed based on the petitioner's prior criminal history. ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Sections 2(iii)(b), 8, 20, 60 and 37—Criminal Procedure Code, 1973 (CrPC)—Sections 439—Applicants, accused of possessing a commercial quantity of Ganja, contend the seized items don't fit the Ganja definition in Section 2(iii)(b). The FIR mentions Ganja leaves and Bhang seeds without specifying tops' presence. The forensic report confirms the seized substance as Ganja. Despite citing trial delay, Section 37 isn't a bail impediment. The court denies bail, emphasizing the FIR's Ganja reference and the forensic report, while absence of top mention doesn't undermine Ganja characterization. The delay argument doesn't warrant bail, underscoring the substance's identification and the court's discretion unaffected by Section 37 in s...

Criminal Procedure Code, 1973 (CrPC)—Sections 439, 52A, 173(2), 154 and 161—Arms Act 1959—Sections 25, 54 and 59—Penal Code, 1860 (IPC)—Sections 307, 120, 186, 120(B), 147, 148, 149, 326, 201 and 34—Bail application of Ajay @ Mental, accused in a case involving charges of attempted murder, rioting, and Arms Act violations, is dismissed by the court. The applicant claimed false implication, citing completion of the investigation and official witnesses. The prosecution argued the case's sensitivity due to inter-gang rivalry. The court expressed concern over the potential threat to the applicant's life and the delicate balance between individual liberty and societal interests. Emphasizing the seriousness of the crime, the court concluded that releasing the applicant might jeopardize trial proceedin...

Criminal Procedure Code, 1973 Section 439—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 20 and 60—Grant of bail—Citing recovery of 570 grams of Charas below commercial quantity. The defense argues non-compliance with Section 50, the absence of a criminal record, and the filed chargesheet. The State acknowledges the lack of criminal history but opposes bail due to the offense's severity. The court, refraining from opining on the case's merits, grants bail, emphasizing the absence of a criminal past. The applicant must furnish a personal bond, two sureties, and appear at every hearing. Future involvement in similar cases may warrant bail cancellation. ...

Criminal Procedure Code, 1973—Section 439—Narcotic Drug and Psychotropic Substances Act, 1985—Sections 21, 21-C, 29, 42, 50 and 37—Grant of regular bail in connection with FIR No.39/2022 under Sections 21, 21-C, and 29 of the NDPS Act. The petitioner, Dharamveer, was apprehended with Aman Mahajan for allegedly selling heroin. The petitioner claimed false implication, non-compliance with NDPS Act provisions, and sought bail citing delays in trial. The court considered precedents, including Supreme Court judgments, emphasizing the petitioner's first-time offender status and prolonged custody. Despite the recovery of a commercial quantity of contraband, the court granted bail, subject to conditions, and disposed of the petition. ...

Criminal Procedure Code, 1973 (CrPC) Section 439—Penal Code, 1860 (IPC)—Sections 302, 427, 148, 149 and 120-B—Grant of regular bail—Registered at Police Station Lehra, District Sangrur. The petitioner argues that no active role is attributed to them in the FIR, emphasizing the absence of firearm injuries. The court notes the petitioner's extended custody of approximately 3 years and 4 months, grants bail, and emphasizes the presumption of innocence until proven guilty, as well as the right to a speedy trial under Article 21 of the Constitution. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—NDPS Act, 1985—Sections 21, 29, 37, 8(c), 21(c) and 29—Grant of regular bail  This is an excerpt from a legal document discussing a bail petition under Section 439 of the Criminal Procedure Code (Cr.P.C.) for the petitioner in a case registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The petitioner argues that, due to completed investigation and delays in trial proceedings, continued custody would violate their constitutional rights. The petitioner cites various judgments where bail was granted based on the duration of custody. The court grants the bail application with specified conditions, emphasizing the provisional nature of the decision and its independence from the case's merits. ...

(A) Prevention of Corruption Act, 1988—Sections 7, 7A, 8 and 12—Prevention of Money-Laundering Act, 2002—Sections 3, 4 and 45 Criminal Procedure Code, 1973—Section 439—Penal Code, 1860 (IPC)—Sections 120B, 201 and 420—Bail denied—Delhi Excise Policy Scam—Focus is on whether Sisodia is entitled to bail. Allegations include a conspiracy to benefit liquor distributors through a new excise policy in exchange for kickbacks and bribes. The prosecution argues that Sisodia played a key role in this scheme and received a portion of the proceeds, some of which were used in the AAP's Goa election campaign. They claim that Sisodia attempted to destroy evidence and pose a risk to witnesses and documents. The defense argues that the allegations lack substantial evidence and rely on hearsay state...

(A) Prevention of Corruption Act, 1988—Section 13—Penal Code, 1860—Sections 409, 120-B—Bail—Appellant, along with other co-accused individuals who held the position of Inspectors, was accused of embezzling wheat stock and causing financial loss to the government. The penal provisions for pre-trial custody were invoked. After a prima facie analysis of the nature of the allegations and considering other factors specific to the case, the court found that there was no justification for further pre-trial incarceration at this stage. The court did not strictly consider the petitioner's previous criminal history as a factor for denying bail. (B) Prevention of Corruption Act, 1988—Section 13—Penal Code, 1860—Sections 409, 120-B—Bail—The court emphasized that bail conditions s...

Information Technology Act, 2000—Section 66D—Indian Penal Code (IPC)—Sections 170, 384, 386, 388, 419, 420, 506, 186, 353, 463, 471 and 120-B—Maharashtra Control of Organised Crime Act, 1999 (MCOCA), with an extortion case amounting to Rs 200 crore, the court, while considering bail, is guided by the principle of assessing only the prima facie case—Even under MCOCA, the court need not definitively conclude that the applicant did not commit the alleged offense, as it could impede future prosecution efforts if bail is granted—At this stage, the court's role is to evaluate the case based on general probabilities, considering the offender's antecedents—Detailed evidence examination or a mini trial is not warranted—The findings are provisional and do not impact the case's merits&mdash...

Prevention Of Money Laundering Act, 2022—Section 2(1)(x), Section 2(1)(y), Section 3, Section 4, Section 45, Section 45(i)—Wild Protection Act, 1972—Section 9, Section 39, Section 51—Accused, sought bail. The petitioner had been arrested and remanded to judicial custody for alleged offenses under the Prevention of Money Laundering Act, 2022. The case pertained to smuggling sea cucumbers, which was considered a schedule offense under the Prevention of Money Laundering Act due to its association with wildlife protection violations. The petitioner had also been suffering from various medical conditions. Despite the petitioner's medical issues, the court found that the sickness was not life-threatening and specialized treatment could be provided in the jail hospital. Consequently, the bail application was dismissed...

Punjab Excise Act, 1914 - Section 61—Bail—Petitioner-accused, charged with the transportation of 1050 boxes of illegal liquor, sought bail. The petitioner's continued preventive custody was deemed unjustified as it was based on unsubstantiated suspicions of evidence tampering or witness influence. The petitioner, a 52-year-old professional driver with a stable family and abode, was unlikely to flee or evade trial. The investigation was complete, custodial interrogation unnecessary, and charges were yet to be framed. With slow trial progress and an extended detention of over four months, bail was granted, respecting the accused's right to liberty until their guilt or innocence was determined in due course. ...

Penal Code, - Sections 376 and 506—Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail - Rape—Accused was seeking bail in a case related to rape and making false promises of marriage. There was also an appeal to quash the FIR and the proclamation order pending adjudication in the High Court.The court noted that in offenses of a similar nature, bail could be granted or denied based on the specific facts and circumstances of each case. The petitioner argued that the proclamation order, which had been issued without knowledge of the petitioner's residence in Australia, was unsustainable in the eyes of the law. The court considered the conduct of the petitioner and his family, which indicated their willingness to cooperate with the court and the law. As a result, bail was granted with certain conditions. ...

Penal Code, 1860 (IPC)—Sections 302, 307, 341, 323, 506, 148 and 149—Murder—Bail—The petitioner sought bail after being denied by the trial court in a case involving FIR No. 45/2020, with charges including Sections 302 (murder), 307 (attempt to murder), and others. The petitioner's counsel argued that the petitioner wasn't present at the scene during the incident, and no specific role had been attributed to him. The State opposed bail, stating the seriousness of the offense and the likelihood of the petitioner fleeing or tampering with evidence. The court found the petitioner had already spent over three years and six months in custody and granted bail, considering his age, lack of prior offenses, and slow trial progress.   ...

Penal Code, 1860 (IPC) - Section 302—Acquitted the accused due to the failure to establish a specific motive for the crime. The recovery of the deceased's apparel and stones was deemed insufficient to prove guilt. The court emphasized that statements recorded under Section 161 of the Cr.P.C. are not substantive evidence; rather, they can only be used to contradict the witness's testimony as outlined in the proviso to Section 162. Consequently, such statements cannot be treated as evidence in a criminal trial but may serve to challenge a witness's credibility. As a result, the conviction and sentence were set aside, and the appeal was allowed, underscoring the necessity for concrete evidence in establishing criminal liability. ...

Prevention of Money Laundering Act, 2002, Section 4— Accused of involvement in illegal transportation of stone chips and a large cash deposit—The petitioner argued that the deposited amount predated the alleged illegal activities—The court considered the arguments, noted the petitioner's year-long incarceration, and granted bail with conditions, emphasizing participation in the trial—The petitioner must adhere to these conditions and not be required in any other case. The court directed the petitioner's immediate production before the trial court for the imposition of conditions and release. ...

Penal Code, 1860 (IPC),Sections 120B, 201, 302, 364 and 403—Arms Act Section 25 —Criminal Procedure Code, 1973 (CrPC), Section Section 439—Unlawful Activities (Prevention) Act, 2004, Sections 16, 18 and 20—Appellant, Accused No. 10, was charged with various offenses—The charges were related to planting gelatin sticks in a vehicle and the murder of Mansukh Hiren—The High Court had denied bail, but the Supreme Court, considering the circumstances and the appellant's strong roots in the community, ordered his release on bail, subject to certain conditions—The orders of the lower courts were set aside, and the appellant was directed to be released on bail. ...

Bail—Code of Criminal Procedure, 1973—Section 439—Indian Penal Code, 1860—Sections 121, 121-A, 124-A, 153-A, 505 (1) (b), 117, 120-B read with Section 34—Unlawful Activities (Prevention) Act, 1967—Sections 13, 16, 17, 18, 18-B, 20, 38, 39 and 40—National Investigation Agency Act, 2008—Section 6 (5) read with Section 8—Offences under—FIR—Regular bail application—Filed by appellants—Rejected by High Court—Appellants before Supreme Court—Legality—Determination of—Fact that VG was once earlier convicted involving offences, inter alia, under 1967 Act and there is also a pending criminal case against him on the allegations of similar line of activities—Bail granted—Conditions imposed—Appeals allowed. (Paras 44, 45 and 47)...

Criminal Procedure Code, 1973 (CrPC)—Section 438—Bail—Bank Guarantee—Appellant challenged a bail condition requiring a Rs. two crore bank guarantee, deeming it excessive—Citing a previous judgment, the court ruled that such a requirement was unsustainable and directed the appellant to furnish a Rs. five lakh bail bond instead—Other conditions imposed by the High Court remained intact—The appeals were disposed of accordingly, and connected applications were also resolved. ...

Penal Code, 1860 (IPC) — Sections 365, 364A, 302 and 34 —Criminal Procedure Code, 1973 (CrPC) — Section 439 —  Bail — Kidnapping and murder ...

Prevention of Corruption Act, 1988 — Section 7, 13(1)(b) read with Section 13(2) — Grant of regular bail ....

Indian Penal Code—Section 302—Code of Criminal Procedure—Section 439—Bail—Murder—Petitioner has been alleged to have committed murder with 2 other accused—Role of the petitioner herein has also been taken note—There is no material at that juncture against petitioner—Charge-sheet has already been filed....

Bail Grant of — Penal Code, 1860 — Sections 386, 387, 506(1), 506(2), 507, 201, 120B — Bail Grant of — Gujarat Control of Terrorism and Organised Crime Act, 2015 — ss. 3(1), 3(2), 3(3), 3(4) and 3(5) and 4 — Bail Grant of — Appellant, along with accused no.1 who was operating an organised crime syndicate involving, inter alia, extortion, land grabbing, contract killing, money-laundering, pressurized Secret Witness 11 to enter into a deal — SW11 was threatened to execute around 18 separate sale deeds with either creditors of the leader of the organized crime syndicate-accused no. 1 or creditors of the appellant — Allegedly the appellant had extorted 50,000 square feet of land from the said persons — FIR against the appellant for offences punishable under the 2015 Act and Penal Cod...

Bail— Penal Code, 1860 (IPC) u/ Sections. 406, 407, 415 to 420, 120B r/w s.34—was filed against six persons, including the appellant—Complaint was, that Farmax India Ltd. availed the services of the accused in raising Global Depository Receipts (GDRs), to the tune of INR 318 crores; that though the accused raised the said amount, they transferred to Farmax only a sum of INR 2.20 crores—According to the Enforcement Directorate, the appellant and the others had committed the offence of money-laundering—Enforcement Case Information Report (ECIR) was lodged—Appellant was arrested on 26.09.2022—Enforcement Directorate also filed a prosecution complaint u/ss. 44 and 45 of Prevention of Money-laundering Act, 2002—From 26.09.2022 appellant was in jail Held: ECIR and the lodging of the pros...

Penal Code, 1860 (IPC)—Sections 120B, 124A, 153A and 153B—Unlawful Activities (Prevention) Act, 1967—Sections 18 and 39—Bail—Petitioner sought Special Leave to Appeal against a Gauhati High Court decision that overturned their discharge order by a Special Court in a criminal case—The case involved alleged offenses under various sections of the Indian Penal Code and the Unlawful Activities (Prevention) Act—The petitioner had previously been denied bail—The Special Court discharged all four accused, but the High Court reversed this decision—Two other accused had already filed a special leave petition, which was dismissed. ...

Penal Code, 1860 (IPC)—Section 120B read with Section 302—Unlawful Activities (Prevention) Act, 1967—Sections 18, 19, 20 and 39—Explosives Substances Act, 1908—Sections 4 and 5—Bail. Appellants, accused in a 2018 case involving charges under the UAPA, Explosives Act, and IPC, sought bail after more than four years in custody—The court found insufficient evidence to believe the accusations were prima facie true—Notably, one co-accused had been granted bail by the High Court—The court also questioned the admissibility of certain confessional statements and the relevance of evidence related to the purchase of medicines—With charges yet to be framed and a lengthy trial ahead, the court allowed the appeal and directed the appellants' release on bail with stringent conditions....

Unlawful Activities (Prevention) Act, 1967 — Sections 39, 40, 43D(5) — Bail under —Special Judge found that appellants had not voluntary succumbed to the demands of the organization and investigating agency admitted that accused persons were cooperating in investigation —Bail was granted by the Special Judge — However, High Court reversed the order of the Special Judge — Before the Supreme Court, appellants contended that they were forced to make payments — Held: There are twin requirement under sub-section (5) of s. 43D — First one being that the public prosecutor has to be given an opportunity of being heard — Second one, that the Court is of the opinion that there are reasonable grounds for believing that the accusation against such a person is prima facie true —In the in...

Evidence Act, 1872 - Section 3, Section 8—Maharani Majhi, and Uchhaba Majhi— Despite claims of motive, the court found insufficient evidence linking the accused to the crime, highlighting a lack of eyewitnesses and concrete connections between the accused and the deaths— The testimonies presented were deemed speculative, primarily based on suspicion rather than corroborated facts— The court underscored that the last seen theory, while relevant, was inadequate for establishing guilt without supporting evidence— Citing precedents, the court emphasized the necessity for a complete chain of circumstantial evidence— Ultimately, the appeal was allowed, the conviction and sentence were set aside, and Dusashan Bag was acquitted of all charges— The appeal concerning the deceased co-accused, Senapati Mahaku...

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Speedy trial—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 20, 25, 29 and 37—Code of Criminal Procedure, 1973—Sections 439, 436-A and 482—Recovery of 180 kilogram Ganja—Bail application filed appellant—Rejected by District Court—And refused by High Court—Appellant before Supreme Court—Renewing his plea for grant of bail—Determination of—Grant of bail on ground of undue delay in trial, cannot be said to be fettered by Section 37 of NDPS Act, given imperative of Section 436-A which is applicable to offences under NDPS Act too—Appellant is directed to be enlarged on bail, subject to such conditions as trial Court may impose—Appeal allowed. (Paras 20 and 24) ...

Bail—Narcotic Drugs and Psychotropic Substances Act, 1985—Sections 8, 20, 27-A, 29 and 32—Recovery of Ganja—Gross weight was 3471.600 Kg.—Bail—Granted by High Court—Appeal against—Determination of—Quantity of “ganja”  recovered is admittedly of commercial quantity—High Court has not recorded any finding that respondent-accused is not prima facie guilty of offence alleged—He is not likely to commit same offence—When enlarged on bail—He is a regular offender—Supreme Court was of the opinion that High Court manifestly erred in enlarging respondent/accused on bail—Impugned order set aside—Appeal allowed.  (Paras 17, 18 and 19) ...

Live Broadcast and Virtual Hearings—Adverse Remarks During Hearings—Appeals concern adverse remarks made by the High Court of Karnataka against the appellants during bail proceedings for Respondent No. 1, causing harm to their reputation—The Supreme Court held that the remarks were unfair and unreasonable—Additionally, the High Court's direction to seek reports against one appellant was unjust as it went beyond the bail proceedings' scope—The impugned order was quashed, and the appeals allowed. ...

Penal Code, 1860 (IPC)—Sections 120B, 121A, 123, 153A, 153A, 153B, 295A, 298 and 417—Uttar Pradesh Prohibition of Unlawful Conversion of Religion Ordinance (Act), 2021—Sections 3, 5 and 8—Bail—Appellant sought bail after being charged under various sections of the Indian Penal Code and the U.P—Prohibition of Unlawful Conversion of Religion Ordinance—He was accused of acting as an interpreter in the conversion of individuals with hearing and speech impairments—The court, considering his role and the length of his detention, ordered his release on specified conditions, including not entering Uttar Pradesh without court permission except for trial attendance—The appeal was allowed, and pending applications were disposed of. ...

Criminal Procedure Code, 1973, Sections 41 and 41-A—Compliance report—In the Satender Kumar Antil vs. CBI case, the Supreme Court reviewed compliance reports related to undertrial prisoners (UTPs) and their legal rights—Several states and High Courts, including Andhra Pradesh, Jammu & Kashmir, Ladakh, Rajasthan, and Tripura, failed to file their compliance reports—The court issued a two-week deadline for the CBI and states to submit their reports—Failure to comply would require the respective Home Secretaries to appear virtually—The court emphasized the need for uniform reporting, specifically referencing Maharashtra and Punjab & Haryana High Courts' model as a standard—States and High Courts were instructed to follow this format and collect affidavits from these regions—A detail...

Bail—Narcotic Drugs and Psychotropic Substances Act, 1985—Section 37—Code of Criminal Procedure, 1973—Section 439—Regular bail—Petitioner seeking for—Legality of—Allegations are that during checking by excise official, two persons including petitioner were caught with two packets containing 12kg and 13 kg opium respectively— Petitioner surrendered—He is incarcerated more than five fears—Trial commenced—Out of 8 witnesses, 2 witnesses have repotedly been examined by trial Court—Conclusion of trial will still take some time— Petitioner has no criminal antecedents—Consequently, without expressing any views on merits of case, Supreme Court was inclined to enlarge petitioner on bail—Petitioner is, directed to be released on bail, subject to his furn...

Banning of Unregulated Deposit Schemes Act, 2019, Sections 3, 4, and 5—Penal Code, 1860, Sections 420 and 406—This is an application for regular bail by the 5th accused in Crime No.2098/2022 of Thiruvalla Police Station, facing charges under Sections 420 and 406 of the IPC and Sections 3, 4, and 5 of the Banning of Unregulated Deposit Schemes Act—The petitioner, a Manager of 'PRD MINI NIDHI', is accused of fraudulently inducing a deposit of ₹1,20,000/- with promises of high returns which were not honored—Despite the petitioner’s involvement in 18 similar cases, it was found that his role in the present case could be limited—Considering his arrest prior to other cases and the fact that further detention seems unnecessary, bail was granted with conditions—The petitioner must execute a bond...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 22B—The petitioner (accused No.2) sought bail, arguing that the search conducted by the Police Sub-Inspector violated mandatory provisions of Sections 42 and 50 of the NDPS Act—The petitioner relied on Supreme Court judgments (Sukhdev Singh v. State of Haryana and Karnail Singh v. State of Haryana) asserting the search was vitiated—The prosecution contended that the search complied with legal requirements—The court noted the lack of recorded reasons by the police for conducting the search without a warrant as required under Section 42—Additionally, while Section 50 was partially followed, whether full compliance occurred required consideration at trial—Finding a prima facie case for the petitioner, the court granted bail with cond...

The appellant challenged a bail condition imposed by the High Court, which required a deposit of Rs. 70 lakhs—The Supreme Court set aside this condition, ruling it unjustified, while upholding other bail conditions. ...

Penal Code, 1860 (IPC)—Section 120(B), Section 34—Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Conspiracy in PSI Examination Fraud—Principles of Pretrial Detention and Liberty—In a case arising from Crime No.57/2022, the petitioners, accused of conspiring to help an ineligible candidate pass a public examination using a Bluetooth device, sought bail under Section 439 of the CrPC—The prosecution alleged that the petitioners played significant roles in the conspiracy, which included bribing and facilitating the use of the device—The defense argued there was no substantial evidence against the petitioners and that continued detention would amount to pretrial punishment—The Court referred to the Supreme Court's principles, emphasizing that bail should secure the accused&...

Code of Criminal Procedure, 1973, Section 439—Banning of Unregulated Deposit Schemes Act, 2019—IPC Sections 409, 420 r/w 34—Bail—This application seeks regular bail under Section 439 of the Code of Criminal Procedure, 1973—The petitioner, the second accused in Crime No.854 of 2021 at Pathanamthitta Police Station, faces charges under Sections 409, 420 r/w 34 IPC, and various sections of the Banning of Unregulated Deposit Schemes Act, 2019—The petitioner, a housewife, argues for bail, asserting her innocence and the nearly completed investigation—The Public Prosecutor opposed bail, citing a risk of witness influence—Considering the petitioner’s prolonged custody and the completion of most investigations, the court deemed continued detention unnecessary—Bail was granted with condit...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Petitioner has been in judicial custody since 05.05.2017. Previous bail attempts were denied, but only three witnesses have been examined, none providing substantial evidence against the petitioner— The State's counsel noted that key witnesses, including the informant, have yet to be examined— Given the prolonged trial duration and lack of progress, the Court decided to grant interim bail for three months, contingent upon the petitioner providing a bail bond of ₹50,000 and two solvent sureties— Conditions include refraining from contacting prosecution witnesses and mandatory court appearances during the interim period— Violation of these conditions may lead to cancellation of bail— The application was disposed of, with the order communicated to th...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Petitioner has been in judicial custody since 11 November 2019 and previously received interim bail for three months, complying with the conditions set— The trial court's status report indicated minimal progress, with only two out of eleven witnesses examined— The State's counsel did not oppose the grant of interim bail— Considering the petitioner's local status, lack of flight risk, prior compliance, and the protracted trial process, the Court decided to grant interim bail for three months— The petitioner must provide a bail bond of ₹50,000 and two local solvent sureties, adhering to conditions including no involvement in criminal activities, non-tampering with evidence, and mandatory court appearances during the bail period— Any violatio...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Alleged possession of 77 kg of ganja under the N.D.P.S. Act. The petitioner has been in custody since 02 May 2019, with the trial yet to commence. The State’s counsel highlighted the significant quantity of contraband and the restrictions of Section 37(1)(b) of the N.D.P.S. Act, leading to an initial rejection of bail. However, noting the delay in the trial's progression—charges were framed only on 15 November 2022, with no witnesses examined—the Court decided to grant interim bail for three months, contingent on the petitioner providing two sureties, one being a relative. Conditions include refraining from committing further offenses and not tampering with witnesses. The petitioner must surrender by 14 March 2023, or the trial court may issue a Non-Bailable Wa...

Criminal Procedure Code, 1973 (CrPC) - S.439—Banning of Unregulated Deposit Schemes Act, 2019 - S.21(2)(3) , S.23 , S.25(1) , S.3 , S.5—Penal Code, 1860 (IPC) - S.34 , S.409 , S.420—Bail—This application seeks regular bail under Section 439 of the Code of Criminal Procedure, 1973—The petitioner, the second accused in Crime No.972 of 2021 from Adoor Police Station, Pathanamthitta, faces charges under Sections 409, 420 r/w 34 IPC and various sections of the Banning of Unregulated Deposit Schemes Act, 2019—The petitioner, a housewife, argues for bail, asserting innocence and noting that the investigation is complete and a final report has been filed—Despite opposition from the Public Prosecutor concerning potential witness influence, the court found prolonged custod...

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Criminal Procedure Code, 1973—Section 439— Central Goods and Services Tax Act, 2017— Section 132(1)(a), (h), (k) and (l) read with Section 132(5)—Bail—Seeking of—Tax evasion—Transportation of larger quantity of unmanufactured tobacco –The allegations against the petitioner are far-fetched—Even if it is taken note that the alleged evasion of tax by the petitioner is to the extent as provided under Section 132(1)(l)(i), the punishment provided is, imprisonment which may extend to 5 years and fine—Further, in a case of the present nature, the evidence to be tendered by the respondent would essentially be documentary and electronic—Ocular evidence will be through official witnesses, due to which there can be no apprehension of tampering, intimidating or influencing—W...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Petitioner, in judicial custody since April 18, 2021, had previously sought bail, which was denied by the Adhoc Additional Sessions Judge— With the trial having commenced and seven witnesses, including the victim, already examined, the petitioner requested a renewed bail consideration— While the State opposed the application, the court noted the duration of the petitioner's detention, lack of tampering risk, and the progress of the trial— Consequently, the petitioner was granted interim bail for three months, contingent upon specific conditions, including a bond of ₹50,000 and prohibition from contacting prosecution witnesses— The court emphasized that any violation of the conditions could lead to bail cancellation— The application was ultimately ...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail application under Section 439 of the Cr.P.C. concerning S.T. Case No. 10-10 of 2019, arising from Nuagaon P.S. Case No. 51 of 2018, with serious charges under the IPC and the Dowry Prohibition Act. The petitioners, including the father-in-law and husband of the deceased Tikina Mohanty, have been in judicial custody since September 4, 2018. Previous bail applications were rejected based on witness statements. However, significant progress in the trial was noted, with 13 out of 21 witnesses examined, some of whom did not support the prosecution's case. The State opposed bail for petitioner no. 2, citing witness testimony implicating him in the alleged assault. The court granted bail to petitioner no. 1, Ananda Mohanty, subject to a ₹50,000 bond and compliance with court app...

Criminal Procedure Code, 1973 (CrPC) - Section 161, Section 164, Section 311, Section 439—Involving serious charges under the IPC. The petitioners, in judicial custody since October 12, 2019, had previously applied for bail, which was denied with the provision to renew after material witness examinations. With nine out of thirty-three witnesses examined, only the informant P.W.9 alleged direct involvement of the petitioners, while his prior statements did not support this claim. The State acknowledged the lack of eyewitnesses and the circumstantial nature of the evidence but cited recovery of the weapon based on petitioner no. 1's statement. Considering the petitioners' period of detention, absence of criminal antecedents, and the evolving evidence, the court granted bail. The petitioners must provide a ₹20,000 bond each a...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Additional Sessions Judge, Aska, for alleged murder under IPC sections 302/34. The petitioner, in judicial custody since July 6, 2020, previously had a bail application rejected on October 25, 2021, with permission to renew after witness examinations. During the hearing, it was noted that key eyewitnesses P.W.2 and P.W.6 did not support the prosecution, while the informant P.W.8 referenced a dying declaration by the deceased, naming the petitioner among others. However, this declaration lacked corroboration from another witness, P.W.5, who was present at the scene. Considering the lack of supporting evidence, the absence of criminal antecedents against the petitioner, and the period of detention, the court granted bail. The petitioner must provide a ₹50,000 bond and appear for tri...

Penal Code, 1860 (IPC) - Section 363, Section 366, Section 376(2)(n), Section 376(3—Petitioner has been in judicial custody since July 5, 2020, with a previous bail application rejected on April 29, 2021, based on the victim's 164 Cr.P.C. statement. The victim, now examined as P.W.5, supports the prosecution's case; however, her medical report does not corroborate the allegations of rape. The State opposed the bail request, citing the gravity of the charges and the victim's age. The court, while not granting bail at this time, directed the trial court to expedite the proceedings and conclude the trial within six months. The petitioner may renew the bail request if the trial remains unresolved within this timeframe. The application was disposed of accordingly. ...

Bail—Indian Penal Code, 1860—Section 302—Offence under—FIR—Bail application—Decided by Judicial Officer—High Court noted that charge-sheet against accused under Section 304, IPC had not filed through it was observed that was position, on the basis of case diary—Court, while cancelling bail, has made some observations against Judge—Who is appellant before Supreme Court—In Supreme Court view, observations are not called for in given scenario and in fact it is such an approach which discourage the trial court—Supreme Court have, no hesitation in setting aside the observations made against the appellant—Consequently, even directions contained in impugned order against appellant are set aside—Appeal allowed. (Paras 3 to 7) ...

Constitution of India, 1950—Article 21—Criminal Procedure Code, 1973—Section 439—Bail—Maintainability—KPIDFE Act, 2004—Section 16—Petitioner (Accused No. 1) sought bail under Section 439 of Cr.P.C. in connection with charges under IPC and the Karnataka Protection of Interest of Depositors in Financial Establishments Act, 2004 (KPIDFE Act), for defrauding investors—The court held that, in cases involving offenses under the KPIDFE Act, the special provisions of the Act prevail over the general provisions of the Cr.P.C. Since Section 16 of the KPIDFE Act provides for an appeal to the High Court against any order of the Special Court, the petition under Section 439 of Cr.P.C. was deemed not maintainable—The petitioner was directed to seek remedy through an appeal as specified under t...

Criminal Procedure Code, 1973 (CrPC) - Section 482—Compromise between the victim and the offender, as they impact society at large— The court distinguishes between private and public interest, emphasizing that offences against society demand prosecution regardless of personal settlements— In this case, the FIR explicitly attributed overt acts to the petitioner, which necessitate trial for verification of the allegations— The court concluded that the petitioner’s absence due to medical treatment does not invalidate the FIR’s claims and that all issues should be resolved during trial— Consequently, the court declines to interfere under Section 482 Cr.P.C., affirming the trial court's authority to proceed with the case— The Criminal Miscellaneous Case (CRLMC) is dismissed, with the option f...

Penal Code, 1860 (IPC) - Section 109 - Prevention of Corruption Act, 1988 - Section 13(1)(e) and 13(2) - Possession of disproportionate assets - Bail during pendency and final disposal of appeal before High Court - Appellant is a lady accused, who has already undergone 2 years and 9 months sentence - It appropriate to release the appellant on bail during the pendency of the appeal on the conditions that may be imposed by the learned Trial Court. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Grant of Bail in Murder Case—Delay in Test Identification Parade (TIP)—Stringent Conditions Imposed—In the present appeal, the Karnataka High Court granted bail to the accused (A1) in a murder case registered under IPC Sections 143, 144, 147, 148, 120B, 302, 341, 363, 201 read with Section 149, and Sections 3(2)(v) and (va) of the SC & ST Act—The trial court had earlier denied bail—The appellant contended that the TIP was conducted one month and 15 days after arrest, leading to potential prejudice—The Court found merit in this contention, noting possible exposure of the accused to witnesses during the investigation—The prosecution’s apprehension of witness tampering was addressed by imposing stringent conditions on b...

Penal Code, 1860 (IPC) - Section 302, Section 34—Testimonies, including those of PW-3 and PW-4, highlighted the discovery of incriminating items but lacked consistency. The medical evidence confirmed a homicidal death, with significant findings of human blood matching the deceased's group on the recovered items linked to Chhabi and Santosh Pattnaik, but no evidence connected Abhimanyu Pattnaik to the crime. The Court noted that the trial Court's findings against Abhimanyu were insufficient, emphasizing the presumption of innocence and the need for the prosecution to prove guilt beyond a reasonable doubt. Following established judicial principles, the Court granted Abhimanyu Pattnaik the benefit of doubt, allowing his appeal and setting aside the trial Court's judgment regarding him. Consequently, his bail bonds were canc...

Constitution of India, 1950 - Article 21—Petitioner claimed false implication and a lack of evidence linking him to the offense, noting that a co-accused had been granted bail— The State opposed the bail, citing the commercial quantity of Ganja involved— The court emphasized the right to a speedy trial, referencing the Supreme Court's stance on the undue delay faced by undertrial prisoners, which erodes individual liberty— Given that the petitioner had been in custody for over a year without trial, the court granted bail, subject to stringent conditions including regular court appearances and no criminal activity— The court stressed that any violation of bail conditions would lead to cancellation— Thus, the bail application was allowed, and the order was disposed of with provisions for an urgent cer...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Brother, who provided detailed accounts of the attack by the accused— The trial court accepted this direct evidence, corroborated by medical reports indicating fatal injuries— The prosecution established that the accused came armed with the intent to kill, and inconsistencies in witness testimonies were deemed non-material— The court emphasized the high evidentiary value of injured witnesses and dismissed claims of procedural irregularities regarding FIR documentation— Recovery of weapons was considered admissible evidence— The court found the prosecution's evidence sufficient to prove guilt beyond a reasonable doubt, leading to the dismissal of the appeal and cancellation of bail bonds— The appellants were ordered to surrender by a specified ...

Criminal Procedure Code, 1973 (CrPC) - Section 167, Section 57—Proceedings against him lacked substance and that he had not been arrested in a related Kolkata case— His counsel emphasized that custodial interrogation was unnecessary and that he was willing to cooperate with the investigation, referencing precedents that assert mere pendency of investigations should not hinder bail— The CBI opposed the bail, citing new incriminating evidence and the need for custodial interrogation to uncover broader conspiracy details— The court upheld its earlier denial of bail, noting no significant change in circumstances and reinforcing that jurisdictional issues do not exempt him from interrogation in Bhubaneswar— The petitioner was ordered to comply with CBI summons by a specified date, ensuring that legal protocols und...

Penal Code, 1860 (IPC)—Section 302—Murder—Bail—Revocation of—It is established in legal precedent that the severity and gravity of the offense are pertinent factors when determining whether to grant bail. In this case, the accused's role has been described as holding the deceased, with the primary responsibility for causing injuries to the deceased attributed to a co-accused. The High Court was obligated to assess both the seriousness of the offense and the nature of the allegations—Given the circumstances, the High Court's judgment and order, which granted bail to the accused for an offense punishable under Section 302 of the IPC, are unsustainable. Consequently, the appeal has been upheld, and the bail granted to the accused has been revoked. ...

Criminal Procedure Code, 1973 (CrPC) - Section 433A—Imprisonment for kidnapping involving ransom— The State Sentence Review Board denied his release, citing the nature of his crime, despite favorable recommendations from various authorities, including the Superintendent of Jail, District Magistrate, and Superintendent of Police— The petitioner’s counsel highlighted his deteriorating health and the need for a comprehensive evaluation as per the guidelines established in a 2010 resolution— The court found the Board's justification for rejection inadequate, asserting that all relevant factors, including the petitioner’s conduct in prison and societal reintegration prospects, must be considered— The court remitted the case back to the Board for fresh consideration, emphasizing the need for a nuanc...

Penal Code, 1860 (IPC) - Section 302, Section 34—Witnesses, including the informant and P.W.2, testified that the accused were last seen leaving the crime scene armed with a burchha/bhujali. The prosecution proved their arrest and the recovery of the murder weapons through P.W.10. A post-mortem examination by P.W.11 revealed the cause of death as homicidal, with three external injuries and a fractured skull, leading to haemorrhage and shock— The court applied the criteria from Sharad Birdhichand Sarda v— State of Maharashtra, confirming that the established circumstances pointed exclusively to the accused's guilt— The evidence was found to be consistent, conclusive, and left no reasonable doubt regarding the accused's involvement— Consequently, the court found no errors in the trial court's judgme...

Penal Code, 1860 (IPC) - Section 141, Section 147, Section 149, Section 302, Section 324, Section 34, Section 341, Section 428—Assembly and the commission of murder were established— The evidence of PWs 1 and 4, both related to the deceased, was deemed credible despite their familial ties— The court clarified that being a "related witness" does not equate to being "interested," emphasizing that trustworthy and consistent testimony should be considered— The prosecution's case was supported by corroborative medical and scientific evidence, and the argument that the intended target was different from the deceased was rejected— The court reiterated the legal framework regarding culpable homicide under Section 300 IPC, highlighting that intent to inflict a specific injury that leads to deat...

Evidence Act, 1872 - Section 105—Appellants' claims of insufficient evidence regarding their involvement in a robbery— The court noted that the prosecution presented clear evidence, including eyewitness testimonies from PWs 1, 2, 7, and 10, who identified the appellants during a Test Identification Parade (TIP)— The court emphasized that while some witnesses did not participate in the TIP, this did not undermine the overall evidence— Furthermore, the omission of certain shops from the spot map was deemed non-material— The appellants' prior acquittal in a related case was found irrelevant to the current proceedings, given the substantial evidence against them— The court rejected the argument that the incident could only be classified under Section 302 IPC, affirming the appropriateness of the cha...

Criminal Procedure Code, 1973 (CrPC)—Section 439.  Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act)—Sections 37, 42, 50—Bail—Successive Bail Petition—Petitioner filed a successive bail petition after an earlier rejection—The petitioner argued false implication and non-compliance with mandatory provisions of the NDPS Act, particularly regarding search and seizure—The State opposed, citing lack of new material evidence—Court observed that the previous bail rejection had thoroughly examined the circumstances, including the compliance with Section 50 (search in presence of a Gazetted Officer)—Held, no changed circumstances or new materials were presented to justify bail—Compliance with Section 37 of the NDPS Act is crucial, and the seriousness of the offense ...

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Penal Code, 1860 (IPC) - Section 409, Section 420, Section 468, Section 471 —Revealed that the Petitioner, posing as a franchise holder of IDBI Capital, opened an account without proper consent, changed the complainant's contact details, and executed trades leading to losses while earning substantial brokerage fees— The Petitioner contended he provided legitimate financial advice, claiming the case was falsely filed after the complainant incurred losses— The State opposed bail, citing the serious nature of the fraud and the risk of the Petitioner absconding— The Court acknowledged the collected evidence, the Petitioner’s willingness to cooperate with the investigation, and determined that he posed no flight risk— Consequently, the Court granted pre-arrest bail under specific conditions, includi...

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Penal Code, 1860 (IPC) - Section 302, Section 34—Establishing motive as a critical link— The prosecution failed to prove motive and did not establish a complete chain of circumstances, which left reasonable doubt regarding the guilt of the accused— The testimony of key witnesses lacked consistency, and crucial procedures, such as identification parades, were not conducted— The Court noted that, despite the gravity of the crime, the standard of proof must remain high, requiring reliable evidence to support a conviction for murder— Following the precedent set by the Supreme Court, the Court determined that the prosecution did not establish its case beyond a reasonable doubt— Consequently, the accused were acquitted of charges under Section 302 of the IPC, with the trial Court's judgment being set asid...

Evidence Act, 1872 - Section 32, Section 6—Provocation, corroborated by PW 10’s medical examination confirming a fatal stab wound to the chest— The Court found that the prosecution established the crime beyond reasonable doubt, despite arguments regarding the lack of motive— Citing established legal principles, the Court asserted that direct eyewitness evidence outweighs the need for motive in murder cases— The Court dismissed claims that the offense should fall under lesser culpable homicide provisions, asserting that the attack was premeditated and targeted at a vital area, indicating intent to kill— The appeal was dismissed, and the accused's bail was canceled, requiring him to surrender for sentencing— This decision reinforces the importance of eyewitness accounts and the stringent standar...

Criminal Procedure Code, 1973 (CrPC) - Section 438 - Evidence Act, 1872 - Section 65B - Penal Code, 1860 (IPC) - Section 147, Section 148, Section 149, Section 306, Section 323, Section 352, Section 504, Section 506 - The appeal was filed against a High Court order granting anticipatory bail under Section 438 of the Code of Criminal Procedure (Cr.P.C.) to the Respondent No.2, who was accused in a case involving serious charges, including murder by setting a person on fire. The High Court's decision was based on a CCTV footage produced by the accused, but it did not consider other critical evidence, including a dying declaration by the deceased. The Supreme Court, in its judgment, criticized the High Court for not properly applying its discretion in granting bail and set aside the bail order. ...

Criminal Procedure Code, 1973 (Cr.P.C.)—Section 439—Regular Bail—Indian Penal Code, 1860 (IPC)—Sections 307, 354, 504, 506 read with Section 34—Family Dispute—The petitioner, accused of attempting to murder his daughter and other offenses, sought bail—The prosecution alleged physical and mental cruelty by the petitioner towards his wife and children—The petitioner argued innocence, citing false implication and medical issues—The court noted the family dispute background, minor injuries, and the petitioner’s custody for nearly a month—It observed that most of the investigation was likely completed—Finding no prejudice to the prosecution by granting bail, the court allowed the petition with conditions, including a personal bond, cooperation with the investigation, and r...

A. Criminal Procedure Code, 1973 (CrPC) — Section 439(2)  — In the context of bail conditions as per Section 439(2) of the it's crucial that such conditions not only relate to their intended purpose but are also proportionate to that purpose. Courts, when setting bail conditions, must balance the accused's liberty with the need for a fair trial. Conditions that could curtail an individual's rights and freedoms should be avoided. Specifically, in cases involving social media posts, a blanket anticipatory order preventing the accused from tweeting is not justified. Likewise, a broad order restricting the accused from expressing their opinion, a right they are entitled to as an active citizen, would be disproportionate in terms of bail conditions. B. Criminal Procedure Code, 1973 (CrPC) &md...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Petitioner has been in custody since June 5, 2019, while two co-accused have been granted bail by a co-ordinate bench— The petitioner argues there is insufficient evidence implicating him as a conspirator— Conversely, the Additional Government Advocate opposed bail, citing the petitioner’s prior criminal record and incriminating evidence including phone records and witness testimonies regarding his involvement— After considering the arguments and the similar circumstances of the co-accused, the court granted bail to the petitioner under conditions including regular reporting to the police, prohibition on involvement in further offenses, and restrictions on influencing witnesses— The order emphasizes that any violation of conditions could lead to bail ca...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Regular Bail—Denial—Offences under IPC Sections 498A, 302, 304B read with 34—The petitioner, accused of murdering his wife by smothering, sought bail—Prosecution alleged dowry harassment and murder within six years of marriage—The victim's statement to the doctor implicated the petitioner and was considered credible, as victims usually do not lie at the end of their lives—Histopathology report indicated death due to asphyxia from smothering—Despite the petitioner's claim of assisting the victim by taking her to the hospital and his prolonged custody, the court found sufficient prima facie evidence against him, including the immediate history given by the victim before death—Held, this is not a fit case for bail due to the s...

Criminal Procedure Code, 1973 (CrPC) — Section 438 — Penal Code, 1860 (IPC) — Section 376(2)(N), Section 377, Section 506 — The appeal challenges the High Court's order dismissing a pre-arrest bail application for offenses including Sec. 376(2)(n) IPC. The complainant willingly entered into a relationship with the appellant, so lodging an FIR for Sec. 376(2)(n) IPC is not justified. The appeal is allowed, and the appellant is granted bail. The observations in this order are limited to the bail application and should not influence the investigation. ...

Penal Code, 1860 (IPC)—Section 120B, Section 201, Section 302, Section 376—Protection of Children from Sexual Offences Act, 2012—Section 5, Section 6—The appeal concerns the grant of bail to a respondent—accused charged with the rape and murder of an eleven-year-old child. The High Court granted bail without due consideration of the gravity of the offense and overlooked the respondent's criminal history. The Supreme Court set aside the bail order, emphasizing that the allegations were serious, and the case required judicious discretion. The appeal's success doesn't impact the trial's merits. ...

Criminal Procedure Code, 1973 (CrPC) - Section 313—Appeal against the conviction of the accused under relevant sections of the IPC, affirming that the evidence presented was credible despite challenges— The testimonies of eyewitnesses were deemed reliable, even if specific blows could not be attributed to individual assailants, as established in precedent— The defense's witnesses were found unconvincing and lacked support from medical evidence— Regarding the examination under Section 313 CrPC, the court emphasized that it is essential for the accused to be specifically questioned about material evidence against them— However, the accused failed to demonstrate any prejudice from how the questioning was conducted— The court concluded that the trial was fair, without grounds for interference with the t...

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Evidence Act, 1872 - Section 3—Appealed against his conviction— The trial court found the victim's testimony clear and consistent, corroborated by witnesses— Despite arguments regarding the absence of physical injuries and the victim's alleged consent, the court upheld the conviction, emphasizing that the victim's account is credible and does not require corroboration— The court ruled that the absence of injuries does not disprove rape allegations and that the victim's sexual history does not imply consent— Additionally, the victim's age, determined through an ossification test to be between 14-16 years, was deemed relevant, with the defense's claims of her being over 18 found untenable— The court reinforced that the conviction can rely solely on the victim's testimony if it ...

Banning of Unregulated Deposit Schemes Act, 2019—Section 21(2), Section 21(3)—Penal Code, 1860 (IPC)—Section 34, Section 409—Criminal Law — Regular Bail — Cheating and Criminal Breach of Trust — Banning of Unregulated Deposit Schemes Act, 2019: The petitioner, the 2nd accused in Crime Nos. 724/2021 and 722/2021 of Pathanamthitta Police Station, sought regular bail in cases involving allegations of cheating and criminal breach of trust under Section 409, 420 r/w Section 34 of the IPC, and offenses under Sections 3 r/w 21(2)(3), 5 r/w 23, 25(1) of the Banning of Unregulated Deposit Schemes Act, 2019—The prosecution alleged that the petitioner and her husband accepted fixed deposits from the complainants, promising high returns, but failed to refund the amounts, leading to significant financial...

Negotiable Instruments Act, 1881—Section 138—Indian Penal Code, 1860—Section 306—Dishonour of cheque—Suicide—Bail—Grant of—Prayed by petitioner—Consideration of—De facto complainant's husband committed suicide—No evidence to show that soon before his death, there was instigation by petitioner—Facts and circumstances of the case and also period of incarceration by petitioner, High Court is inclined to grant bail—Conditions imposed—Petition allowed.   (Paras 3 and 5) ...

Penal Code, 1860 (IPC) - Section 120B, Section 420, Section 467, Section 468, Section 471—Petitioners have been in custody since January 24, 2022— The court, after hearing arguments from various counsel, noted the similarities in the cases and the lack of evidence demonstrating personal financial benefit to the petitioners from the alleged fraudulent transaction— The informant, Prasanta Kumar Mohapatra, claimed that he was misled into mortgaging properties for a loan that was instead sanctioned to a fictitious entity, M/s— Lingaraj Enterprises— The court found insufficient grounds to continue detention, given the petitioners' compliance with banking norms and absence of incriminating evidence— Consequently, bail was granted with conditions including cash security and regular appearances before the t...

Penal Code, 1860 (IPC) - Section 147, Section 148, Section 149, Section 201, Section 302—Additional Sessions Judge, Rayagada— The case stems from a suspicion of sorcery, leading to the violent attack on the deceased on November 18, 2017— Key prosecution witness P.W.2, the victim's wife, provided limited testimony, claiming she identified the accused but later contradicted herself regarding the assaults and the presence of the accused at the scene— Furthermore, there was no scientific evidence linking the remains found to the deceased— Notably, other accused have already been granted bail— The Court, acknowledging the lack of corroborative witnesses and the lengthy custody period of nearly five years, granted bail to the Appellants, subject to trial court satisfaction, while highlighting the appeal&#...

Penal Code, 1860 (IPC) - Section 279, Section 304-A, Section 337, Section 338—Trial court found him negligent, applying the doctrine of Res Ipsa Loquitur, despite the absence of clear evidence of rash driving from eyewitnesses— The appellate court upheld this finding, citing an MVI report that indicated no mechanical failure and attributed the accident to negligence— Upon review, the High Court noted that eyewitness accounts did not support claims of negligent driving, and the MVI’s opinions lacked substantiation regarding the driver's knowledge of hazardous road conditions— The Court emphasized the importance of foreseeability in negligence cases, finding no evidence that the driver could have anticipated the road's poor state— Consequently, the Court set aside the lower court judgments, acquit...

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Criminal Procedure Code, 1973 (CrPC) - Section 164 Protection of Children From Sexual Offences Act, 2012 - Section 10, Section 7, Section 8, Section 9(l), Section 9(m), Section 9(n) ...

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Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Petitioner seeks enlargement on bail in a case under Sections 363, 376 of the IPC, Sections 4, 5(L), 6 of the POCSO Act, and Section 9 of the Prohibition of Child Marriage Act—The petitioner and victim were in a consensual relationship, with both families consenting to their marriage—The victim’s mother filed a missing complaint, leading to the petitioner’s arrest—Despite the heinous nature of the alleged offense, the Court noted that both parties were willing to marry, and the petitioner had been in custody since 25/10/2021—Relying on a coordinate bench judgment in a similar case, the Court granted bail, subject to conditions, emphasizing that the petitioner should not abscond or commit similar offenses, and should not tamper with ...

In a case where a person's custody has extended from 9 years to 11 years, it is imperative to address this concerning situation. Each High Court is directed to furnish us with comprehensive information on all such orders that have not been complied with, and to provide details about the individuals still incarcerated in jails. One effective approach to tackle this issue is to establish a register and maintain records of cases where orders for releasing individuals on bail were issued. This register should also specify whether any person, for various reasons, was unable to avail of the opportunity for bail. The register should outline the reasons, including whether suitable security arrangements were made by the concerned individual or not. Subsequently, such cases should be scheduled for review before the respective court in the fo...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2)—Whether the date of remand should be included in the statutory period of 180 days— Citing the Supreme Court's ruling in M— Ravindran v— Intelligence Officer, it was reaffirmed that the day of remand must be excluded, while the day the charge-sheet is filed must be included— The Petitioner, arrested on September 4, 2021, for drug-related offenses, argued that the investigation period ended on March 2, 2022, warranting default bail— However, the court noted that the extension for investigation was granted after due hearing and consideration of objections, thus the statutory period was not exceeded— Consequently, the right to default bail had not accrued, leading to the dismissal of the Petitioner’s plea— The ruling emphasizes adhe...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2), Section 401—Petitioners sought to quash the Special Judge's order denying their bail application, asserting that the charge-sheet was filed beyond the stipulated 180 days— However, the Court emphasized that the Petitioners failed to challenge an earlier order extending the investigation period, which had been granted after hearing both parties— The charge-sheet was ultimately filed within the extended timeline— The Court reiterated that the right to default bail is subject to procedural adherence and cannot be claimed after the charge-sheet's submission— Consequently, the Court found no illegality in the Special Judge’s decision and dismissed the revision petition, affirming the principle that the right to liberty must align with legislative...

Evidence Act, 1872 - Section 27—Prosecution's reliance on the conduct of the accused and their failure to explain the deceased's death was deemed inappropriate, referencing the Supreme Court's decision in Nagendra Sah vs— State of Bihar— The Court emphasized that the burden of proof lies with the prosecution, and the non-explanation by the accused only becomes relevant when a complete chain of circumstances is established— It found that the trial court erred in shifting the burden to the appellants without sufficient incriminating evidence— Consequently, the Court set aside the conviction of the appellants, determining that the post-mortem report alone could not substantiate a guilty verdict in the absence of other corroborative evidence— The appeal was allowed, leading to the release of app...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail is based on ensuring the accused's presence at trial, with judicial discretion exercised judiciously and without bias. The court noted that serious economic offences do not automatically preclude bail, and that conditions for bail should be assessed based on individual circumstances rather than rigid classifications. In this case, despite the serious allegations of tax fraud, the petitioner had been in custody for over a year with no evidence suggesting interference with the trial. The court recognized the need for a balanced approach, advocating for prosecuting higher-level participants in tax fraud schemes. Consequently, the petitioner was granted bail under specific conditions aimed at ensuring cooperation with the trial and preventing any attempts to influence witnesses...

Information Technology Act, 2000 - Section 66—Transferred funds using forged documents, implicating him as the mastermind behind the scheme— The petitioner contends that the allegations are unfounded, asserting he acted under the direction of higher officials and has been unjustly scapegoated— His co-accused have been granted bail under similar circumstances— The Investigating Officer reported that ₹47,40,000 of the misappropriated funds have been secured, leaving a balance of ₹55,85,633— The court ultimately decided to grant bail to the petitioner, subject to a cash security of ₹5,00,000 and an undertaking to deposit the remaining amount in twelve installments— This decision balances the serious nature of the allegations with the significant recovery of funds and the period of detention already s...

Criminal Procedure Code, 1973 (CrPC) - Section 362—Leading to the conclusion that they were not entitled to bail— The court recalled its earlier order, stating that fraud and justice cannot coexist and reaffirming the principle that orders obtained through deceit are null and void— The Investigating Officer’s carelessness in calculating the investigation timeline was also criticized, emphasizing the need for accountability in serious cases— Consequently, the court revoked the bail, canceled the petitioners' bail bonds, and issued non-bailable warrants for their immediate custody— The decision underscores the judiciary's commitment to maintaining the integrity of the legal process and ensuring that orders are based on truthful representations of fact— The court directed the communication of...

Criminal Procedure Code, 1973—Sections 437, 439—Bail—Principle of Parity—Allegations of Fatal Assault—Accused's Role in Crime Similar to Co-Accused Granted Bail—Bail Granted—In a case of pre-planned conspiracy leading to the fatal assault of the deceased, the petitioners (Accused Nos. 8, 10, and 13) sought bail, citing parity with Accused No. 9, who had already been granted bail—The CBI opposed, arguing the petitioners' role was more severe—However, the court found no significant distinction between the allegations against the petitioners and Accused No. 9. Applying the principle of parity, the court held that the petitioners were entitled to bail under similar conditions, as there was no material evidence suggesting a different degree of culpability—Bail was granted with...

Criminal Procedure Code, 1973 (CrPC) - Section 167 (2)—Bail under the provisions of Section 167(2) Cr.P.C. and Section 36-A(4) of the NDPS Act, citing that the statutory period for filing a charge sheet had expired. The court found that the extension granted by the Special Judge for submitting the charge sheet was illegal, as the petitioners were not represented during the hearing, violating their right to a fair opportunity to contest the extension. The court reiterated the necessity of informing the accused about such petitions, referencing precedents, including Hitendra Vishnu Thakur and Rakesh Kumar Paul. It held that personal liberty must not be compromised due to procedural lapses. Consequently, the bail applications were granted, allowing the petitioners to be released on conditions deemed appropriate by the trial court. The ...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Personal liberty is paramount under Article 21 of the Constitution— Bail is generally the rule, while refusal is an exception, aimed at ensuring the accused's attendance at trial without serving as a punitive measure— Factors influencing bail decisions include the seriousness of the offense, potential for witness tampering, and the risk of the accused fleeing— The court highlighted that no categorical discrimination exists for economic offenses; each case must be evaluated on its merits— In the present matter involving serious allegations under the OGST Act, the court found insufficient grounds to deny bail after the Petitioners had been in custody for over a year— It noted that prosecution should focus on higher culpable parties rather than mere pa...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Conditions for bail unconstitutional— It clarified that the amendments did not revive the twin conditions previously deemed ultra vires— The court emphasized that Section 45 is a drastic provision impacting the fundamental right to personal liberty under Article 21 of the Constitution, requiring compelling state interest to justify its application— The petitioner, detained since 2013 with trial delays and the release of co-accused, was granted bail— The bail was set at ₹1,00,000 with conditions to prevent further offenses or witness tampering— The decision aligns with precedents from various High Courts, reaffirming the necessity of judicial scrutiny in the application of the PML Act's stringent provisions— The court ordered an urgent certif...

Criminal Procedure Code, 1973 (CrPC) - Section 439 Penal Code, 1860 (IPC) - Section 377, Section 506(1) Protection of Children from Sexual Offences Act, 2012 - Section 11, Section 12, Section 3(a), Section 4, Section 7, Section 8 ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Petitioner was arrested for his alleged involvement in the transportation of 2 quintals 64 kgs of contraband ganja—He argued that he was merely a passenger in the first vehicle and had no knowledge of the illegal cargo—The prosecution maintained that the quantity of contraband warranted the application of Section 37 of the NDPS Act, which imposes stringent conditions for bail—The petitioner’s counsel cited precedents, asserting that co-accused with direct possession had been granted bail and argued that the co-accused's statements under Section 67 of the NDPS Act were inadmissible—Considering the petitioner's lack of previous criminal history and prolonged detention, the court granted bail with specific conditions to ensure cooperation with ...

Criminal Procedure Code, 1973 (CrPC) - Section 173(8), Section 439—Reasonable grounds" for believing the accused's innocence must be demonstrated, with substantial evidence required due to the seriousness of drug-related offenses— Despite the absence of direct possession of contraband on the petitioner, the circumstances—including the journey distance, concealment by the co-accused, and lack of registration for the vehicle—led the court to conclude that reasonable grounds for belief in the petitioner's innocence were not established— The ruling highlighted that while some co-accused were granted bail, the petitioner's case presented unique challenges, necessitating a more rigorous scrutiny— Consequently, the application for bail was dismissed due to the gravity of the charges and potent...

Criminal Procedure Code, 1973 (CrPC)—Section 167(2)—Default Bail—The right to statutory bail under Section 167(2), CrPC is contingent upon the timely filing of a charge-sheet within the prescribed period—Once the charge-sheet is filed, the accused remains in custody of the Magistrate until cognizance is taken by the trial court—The filing of the charge-sheet satisfies the requirements of proviso (a) to Section 167(2), CrPC, irrespective of whether cognizance has been taken—During the investigative stage, the Magistrate may authorize custody, including police or judicial custody, for a limited period—The procedural scheme under CrPC mandates progression from investigation to cognizance and trial stages—Upon filing the charge-sheet within the statutory timeframe, custody of the accused shifts ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Corroborated by medical evidence indicating injuries—The prosecution argued against bail, citing the victim's detailed account and the evidence against the petitioner—The court emphasized that while it does not conduct a detailed analysis of evidence at the bail stage, it must assess whether there are reasonable grounds to believe the accused committed the offence—Citing precedent, the court noted that the balancing of factors such as the nature of the offence and the severity of the punishment is crucial—Ultimately, the court denied bail, highlighting the gravity of the charges and the victim's age, while allowing the petitioner to reapply after the victim's examination—It urged the trial court to expedite proceedings, given the petitio...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 20(ii)(b), Section 21(c)—The petition under Section 439 of the CrPC seeks regular bail for the petitioner accused under the NDPS Act for trafficking in narcotic drugs—The petitioner contends procedural violations in the search and seizure, including claims that the Assistant Commissioner of Police, who conducted the search, is not a proper Gazetted Officer and that the arrest and seizure were improper—The Court, however, found that the search and seizure were conducted with the consent of the accused in the presence of the Gazetted Officer, and the violations claimed are matters for trial, not bail consideration—Given the commercial quantity of drugs involved and the serious nature of the offense, the petition for bail was denied. ...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail in light of prolonged incarceration impacting fundamental rights under Article 21 of the Constitution— It emphasized that the delay in trial can unjustly deprive individuals of their liberty, particularly if they are ultimately acquitted— In reviewing bail applications, the court applied principles established by the Supreme Court, which include assessing the nature of the offense, the accused's antecedents, and the potential for tampering with evidence— In the present case, the petitioners had been in custody for over six months without strong evidence against them— The court found no criminal antecedents and noted the limited maximum punishment for the offenses involved— Consequently, it granted bail with specific conditions to ensure coopera...

Central Goods and Services Tax Act, 2017 - Section 132(1)(c), Section 132(1)(i), Section 16(2)—Opposition argued against bail, citing potential tampering with evidence and the serious nature of the offence— The petitioner contended that all claimed tax credits had been reversed and that no financial benefits were retained from the alleged fraud— The court emphasized that a detailed examination of evidence is unnecessary at this stage, focusing instead on the prima facie case and the risk of abscondence— Given the lengthy investigation and the petitioner’s local ties, the court granted bail with stringent conditions, including a ₹50 lakh bond and restrictions on witness tampering and movement— The order highlighted the need for cautious judicial discretion in economic offence cases while allowing the p...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Offences under Sections 376, 420, and 506 of IPC—Bail application rejected—Petitioner accused of sexually assaulting the victim in a hotel room, promising marriage, and threatening her life if she disclosed the incident—Delay of 1 ½ months in lodging the complaint—Petitioner argued false implication due to his government employment as Assistant Executive Engineer—Victim's statement under Section 164 CrPC and medical evidence confirm the sexual assault and threat—Court held that being a government employee is not a valid ground for granting bail in cases involving serious charges like rape—Prima facie evidence, including the victim's testimony and medical findings, supports the prosecution’s case—Peti...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Offences under Sections 143, 147, 148, 307, 302, 120B read with Section 149 of IPC—Bail granted—Petitioner (accused No. 10) accused of informing accused No. 9 that the deceased was troubling her, which allegedly led to a conspiracy resulting in the murder by accused Nos. 1 to 5—Petitioner argued that her only involvement was sharing information about the deceased's harassment and that she was not present at the time of the murder—Prosecution admitted the petitioner was not at the crime scene but alleged that she played a role by sending a message—Court observed that her involvement was limited to reporting the deceased’s conduct and there was no prima facie evidence of direct conspiracy—Bail granted with conditions, includ...

Criminal Procedure Code, 1973 (CrPC) - Section 41A, Section 439(2), Section 91—Accused persons in Badagada P.S. Case No. 92 of 2017, who were alleged to have violated bail conditions by avoiding investigation. The opposite parties contended that they had cooperated with the investigation and provided valid reasons for their absence. The court examined the case diary and found insufficient evidence to prove violations of bail conditions. Emphasizing the principle that bail should be the rule and cancellation an exception, the court reiterated that overwhelming circumstances are required for such a drastic measure. It noted that difficulties faced by the investigating officer (IO) did not equate to misconduct by the accused. Ultimately, the applications for bail cancellation were dismissed, and specific directives were issued to facil...

Protection of Children From Sexual Offences Act, 2012 - Section 10, Section 16, Section 17, Section 7, Section 8, Section 9a(i)...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Previously declared unconstitutional by the Supreme Court in Nikesh Tarachand Shah v— Union of India, remain void despite amendments to the Act— The Court emphasized that amendments made after the Supreme Court’s decision do not revive the struck-down conditions— It highlighted the fundamental right to a speedy trial, noting that the Petitioner had been in custody for over eight years without trial— Citing various High Court judgments, the Court ruled in favor of granting bail to the Petitioner, subject to specific conditions to ensure compliance and prevent evidence tampering— The decision underscores the importance of expediting justice and safeguarding individual rights within the criminal justice system— The bail application was disposed...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Applications from four petitioners involved in a criminal conspiracy related to the misappropriation of public funds through the re-pledging of stolen gold at Manappuram and IIFL— Each petitioner faced serious accusations of colluding with the main accused, Lala Amrut Sagar Roy, to obtain loans against gold that belonged to others, using fake accounts and forged documents— The court noted substantial evidence, including witness statements and financial transactions, suggesting a well-planned fraud that resulted in significant financial loss— The arguments for bail centered on claims of innocence and procedural violations, but the court emphasized the gravity of the offences, the ongoing investigation, and the potential for witness tampering— Ultimately, all b...

Penal Code, 1860 (IPC) - Section 302, Section 34, Section 458—Challenged the credibility of eyewitnesses PW 1 and PW 3, arguing that their identification of the accused was unreliable due to poor lighting conditions and the lack of immediate naming of the assailants— The Court emphasized that while these witnesses were related and thus "interested," their testimony could not be dismissed solely on those grounds— Citing established legal precedents, the Court affirmed that such evidence must be scrutinized carefully but can still be reliable if it appears credible and consistent— PW 1's detailed account of the incident and corroboration from PW 3, who highlighted a prior motive linked to enmity, reinforced the prosecution's case— The Court found no substantial reason to overturn the trial cou...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2)—Petitioners were remanded in custody, with the investigation initially extending to 180 days. The Investigating Officer sought an extension on 27.02.2021, which was granted on 02.03.2021, but the charge sheet was not filed by the extended deadline of 01.05.2021. The court's failure to inform the petitioners of their right to default bail under Section 167(2) of Cr.P.C. after the extended period expired led to their continued detention without a valid charge sheet. Citing precedents, the Court ruled that the petitioners had an indefeasible right to bail, which was ignored by the lower court. Consequently, the CRLMC was allowed, the impugned order set aside, and the petitioners were granted the liberty to apply for bail in the trial court under specified conditions. ...

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Criminal Procedure Code, 1973 (CrPC) - Section 167(2)—Petitioner challenges the order dated 03.03.2021 from the Sessions Judge in T.R. Case No. 72 of 2020, seeking release on bail under Section 36-A(4) of the N.D.P.S. Act. The petitioner was arrested for carrying 297 KG of ganja and has been in custody since 28.07.2020. The prosecution failed to file a charge sheet within 180 days, which expired on 24.01.2021. The extension requests by the Investigating Officer were made and granted after this deadline, without informing the accused of his right to bail under Section 167(2) Cr.P.C. The court ruled that the failure to recognize the petitioner's indefeasible right to bail constituted a gross illegality, rendering all subsequent remands unlawful. Consequently, the application was allowed, the impugned order set aside, and the petit...

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(A) Unlawful Activities (Prevention) Act, 1967—Sections 20, 38, 39 and 43D(5)—Bail—Association with terrorist organisation— Section 39 of the law deals with offenses related to support given to a terrorist organization, covering three types of offenses in clauses (a), (b), and (c) of subsection (1). These offenses are only applicable when the actions specified are done with the intention to further the activities of a terrorist organization. In other words, the accused must have the intent to support the terrorist organization's activities for these offenses to apply, demonstrating a requirement for mens rea (criminal intent). Thus, mere association with a terrorist organization is not enough to be guilty of the offenses under Sections 38 and 39 unless it can be proven that the association or support was d...

Prevention of Corruption Act, 1988 - Section 13(2), Section 7—Appellant demanded a bribe of Rs.500. His testimony revealed he inserted currency notes into the appellant’s pocket without consent, contradicting the prosecution’s narrative. While other witnesses (P.W.2 and P.W.3) provided conflicting accounts of the bribe's acceptance, inconsistencies regarding the pocket and hand used for the transaction weakened the prosecution’s case. The evidence indicated that the complainant had already received clearance for his dues prior to the incident, raising doubts about the demand for bribe. Additionally, the investigation by the trap-laying officer (P.W.6) lacked independent verification. The Court concluded that the prosecution failed to prove its case beyond a reasonable doubt and the appellant was granted the ben...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2), Section 482—Procedural irregularities surrounding the extension of investigation timelines under the NDPS Act— The Additional Sessions Judge had granted two extensions for the submission of the chargesheet without the required report from the Special Public Prosecutor and without affording the petitioner or his counsel the opportunity to be heard— Consequently, the preliminary chargesheet was filed beyond the statutory 180-day period, leading to a potential right to default bail— The court held that the lack of adherence to mandatory procedures resulted in prejudice against the petitioner, entitling him to default bail— The petitioner was instructed to apply for bail, subject to specified conditions, and the trial was directed to be expedited following th...

Prevention of Corruption Act, 1988 - Section 13(2), Section 7—Prosecution's case relied on testimonies from P.W.1, P.W.2, and P.W.3 regarding the alleged demand and acceptance of a bribe of Rs. 500 for passing a house rent bill. However, significant discrepancies emerged: P.W.1 claimed he inserted money into the appellant's pocket without consent, while P.W.2 and P.W.3 provided conflicting accounts of where the money was kept. The court noted the prosecution's failure to produce crucial documentary evidence, including the cheque linked to the arrears, creating reasonable doubt about the legitimacy of the bribe demand. The defense established that the appellant did not demand a bribe and that P.W.1 forcibly inserted the money. The trial court's judgment was deemed perverse, and the prosecution failed to meet the burde...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 36A—Petition sought a three-month extension, but the defense counsel was not adequately informed about the hearing date— The court held that mere service of the petition did not satisfy the principles of natural justice, as the defense counsel was not notified of the hearing date, preventing them from filing objections— Additionally, the court found that the right to default bail under Section 167(2) of the Cr.P.C. had been ignored, as the trial court failed to inform the petitioners of this right after the statutory investigation period expired— The court emphasized that the absence of a charge sheet or an extension application within the extended period rendered the petitioners' continued detention unlawful— Consequently, the court al...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2), Section 439—Investigating agency fails to file a charge sheet within the stipulated time— The Court clarified that the right to default bail is not at the discretion of the magistrate but is a legislative command, and the merits of the case are not to be considered at this stage— The petitioners were not informed of their right to default bail following the expiration of the extended investigation period— Consequently, their detention post-01.07.2021 was deemed illegal, as no charge sheet was filed within the required timeframe, and the Investigating Officer did not seek further extension— The Court ruled in favor of the petitioners, allowing their release on bail, while emphasizing the duty of both the Court and counsel to inform defendants of their righ...

Penal Code, 1860 (IPC) - Section 376(AB) Protection of Children From Sexual Offences Act, 2012 - Section 11(i), Section 12, Section 3(b), Section 4(2), Section 5(m), Section 6(1) ...

Criminal Procedure Code, 1973—Section 439—Bail—Case and Counter Case—Serious Offense under Section 307 IPC—Regular Bail Granted—The petitioner, accused No.1 in Crime No.120/2020, was charged with multiple offenses, including Section 307 of IPC, after an altercation leading to injuries on both sides—A counter case (Crime No.121/2020) was registered against the opposing party—The petitioner, who had been in custody since 17.07.2021 and suffered injuries himself, sought regular bail—The court noted that all other accused, including those in the counter case, had been granted bail—Considering the petitioner's prolonged custody, completion of investigation, and lack of involvement in any other criminal case, the court allowed the petition—The petitioner was granted bail on c...

Evidence Act, 1872 - Section 32—Appellate court examined the convictions of the appellants for murder under Section 302/34 IPC— The court found the prosecution's evidence insufficient, particularly regarding the "last seen" theory and the alleged dying declarations made by the deceased— Witnesses’ testimonies were inconsistent, with no clear identification of the accused during the critical timeframe— The court noted the absence of a spot map and the non-production of the weapon, which further weakened the prosecution's case— Additionally, the oral dying declarations, while admissible, lacked corroboration and reliability— With significant gaps in the circumstantial evidence, the court concluded that the prosecution failed to establish guilt beyond a reasonable doubt— Conse...

Narcotic Drugs and Psychotropic Substances Act 1985 (NDPS)—Sections 8, 21, 27A, 29, 37(1)(b), 37(1)(b)(ii), 42, and 67—Revocation of bail—The High Court, when granting bail to the respondent, considered two key factors: (i) the absence of contraband recovery from the respondent's possession, and (ii) an error in the translation of the statement under Section 67 of the NDPS Act—It is held that merely establishing possession of the contraband did not fulfill the conditions of Section 37(1)(b), indicating a lack of proper assessment by the High Court—The High Court's finding regarding the absence of contraband on the respondent's person does not absolve it from scrutiny under Section 37(1)(b)(ii) of the NDPS Act—A confession made under Section 67 of the NDPS Act is inadmissible—The argume...

Criminal Procedure Code, 1973—Section 439—Bail—Offenses under Sections 109, 326, 307, and 302 read with Section 34 of IPC—Dispute of Civil Nature—No Specific Overt Act—In a case where the petitioner (accused No. 3) sought regular bail in Crime No. 77/2021 for allegedly abetting a conspiracy to murder, the court found that the dispute arose over a land transaction and was primarily civil in nature—The petitioner had mediated a land sale, and there were no specific allegations of direct involvement in the assault—The court noted that in a prior related complaint, a 'B' final report had been filed and accepted—Considering these factors and the absence of a specific overt act, the court granted bail subject to conditions, including regular attendance, cooperation with the investiga...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2)—Arguing that the extension granted without proper notice or opportunity to be heard violated his right to default bail— Initially arrested on 19 January 2020, the petitioner claimed he was unaware of the prosecution's request for an extension made on 16 July 2020— The court emphasized that the right to default bail is indefeasible and highlighted the necessity for the court to inform the accused of their rights before granting such extensions— Citing precedent, the court ruled that the petitioner should have been given an opportunity to oppose the extension— Consequently, the extension order was set aside, and the petitioner was granted bail upon fulfilling specific conditions, including the requirement of sureties— The court underscored that any...

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Criminal Procedure Code, 1973 (CrPC) - Section 439—Arguing that the case relies on circumstantial evidence with no clinching material— The alleged crime occurred in 2011, with the FIR lodged only on July 21, 2019— The petitioner led police to a burial site, but no body was recovered; DNA profiling of bone fragments did not match the deceased— The State opposed the bail, citing premeditated murder and strong circumstantial evidence, including a purported extrajudicial confession— The Court noted that the circumstances had not changed since the last bail denial on August 3, 2020, except for the case being committed to the Sessions Court— Despite the new DNA report, the Court found no substantial change in facts warranting bail— The Court emphasized the seriousness of the allegations and the potentia...

Criminal Procedure Code, 1973—Section 439—Bail—Grant of bail in serious offense—Husband accused of murdering wife—Petitioner-accused, charged under Sections 498A, 302, 114 of the IPC, sought bail after being in custody since June 2019—The petitioner argued that key witnesses (CWs.4 to 6) failed to support the prosecution's case, and there were no eye-witnesses to the alleged murder—Despite the recovery of ligature material, it was held that detention would amount to pre-trial punishment—The High Court granted bail, noting the lack of incriminating evidence and imposed conditions including the requirement of two sureties for Rs. 2,00,000, ensuring the petitioner would not tamper with evidence or threaten witnesses. ...

Criminal Procedure Code, 1973—Section 439—Bail—Offences under Sections 302, 506, 120B read with Section 34 of IPC—Grant of bail to accused—No specific overt act alleged against the petitioner/accused No.3—Accused No.1 charged with the murder, while the petitioner was only present at the scene—Other co-accused already enlarged on bail—Mere recovery of Rs.2,00,000 at petitioner’s instance does not prove involvement in conspiracy—Investigation concluded, and charge sheet filed—Petitioner in custody since 08.12.2020—Held, bail granted on conditions to not tamper with evidence, regularly attend trial, and maintain correct address—Violation of conditions will lead to automatic bail cancellation. ...

Criminal Procedure Code, 1973—Section 439—Bail—Offences under Sections 302, 341, 504 IPC—Rejection of Bail—The petitioner sought bail under Section 439 Cr.P.C. in a case of murder (SC No.393/2017) where he allegedly assaulted the deceased, Annappa, with an axe, leading to his death—The petitioner had been in custody for four years and cited the case Union of India v. K.A. Najeeb for relief—However, the High Court dismissed the bail petition, noting that the trial was ongoing with 10 witnesses already examined, including key eyewitnesses—The court emphasized the gravity of the offence under Section 302 IPC and the fact that some witnesses had turned hostile, indicating an attempt to tamper with evidence—The court found that the cited case was not applicable due to different circumstance...

Criminal Procedure Code, 1973—Section 439—Bail—Prevention of Money Laundering Act, 2002—Sections 3, 4—Indian Penal Code, 1860—Sections 409, 420—Karnataka Protection of Interest of Depositors in Financial Establishment Act, 2004—Grant of Bail—The petitioner, accused No.1 in Special Criminal Case No.846/2020 (Crl.P.No.45/2021), and accused No.2 in Crime No.304/2020 (Crl.P.No.43/2021), sought bail for alleged offences involving substantial financial fraud through a cooperative society—The Enforcement Directorate (ED) claimed the petitioner misappropriated around ₹650 crores from 13,000 investors, promising high returns while failing to maintain liquidity and repay deposits—Allegations included fraudulent diversion of funds to other businesses and failure to comply with regul...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Criminal Law—Bail—Conspiracy—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—Indian Penal Code, Sections 143, 147, 148, 120B, 302 read with Section 149—SC/ST (POA) Act, Section 3(2)(v)—Appeal against rejection of bail—No direct involvement in murder—Appellant accused No.2 alleged to have introduced assailants to accused No.1—Conspiracy to murder not established at this stage—No overt act or criminal antecedents attributed to appellant—Charge sheet filed, custodial interrogation not required—Risk of witness tampering addressed through stringent conditions—Bail granted subject to conditions: personal bond of Rs.1,00,000/- with surety, non-tampering of witnesses, and regular court att...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Attempted murder and attempted rape under the IPC and SC & ST Act— The informant, who suffers from cancer, alleged that the appellant and co-accused attempted to assault her at a village temple— The appellant argued that he was wrongfully implicated based on previous enmity and the confessional statement of a co-accused, asserting a lack of material evidence against him— Despite opposition from the State, the Court found sufficient grounds to grant bail, emphasizing the need for the appellant's release under stringent conditions— The bail order stipulated that the appellant must appear in court regularly, refrain from intimidating the informant, and avoid tampering with evidence— The decision reflects the Court’s commitment to balancing th...

Criminal Procedure Code, 1973 (CrPC) - Section 437, Section 438, Section 439—Abetting suicide— The court reaffirmed the principle of "bail, not jail," emphasizing that anticipatory bail serves to prevent unjust detention before trial— The petitioner, a Vice-Chancellor, argued that the evidence did not establish clear intent or instigation necessary for abetment— Citing precedents, the court noted that mere abusive language or personal conflicts do not suffice for a Section 306 charge unless there is clear mens rea and direct actions leading to suicide— The court found no substantial basis for custodial interrogation and concluded that granting bail would not hinder the investigation— Anticipatory bail was granted on the condition of cooperation with authorities, highlighting the necessity for ...

Constitution of India, 1950 - Article 21—Petitioner at OMP Square, where he was found with paneer containing only 10.8% milk fat, far below the safe threshold— The petitioner, unable to provide legal documentation for his activities, was implicated alongside an absconding co-accused— The court, referencing relevant legal principles and the fundamental right to health under Article 21 of the Constitution, emphasized the gravity of food safety violations— Citing concerns over evidence tampering and the need for custodial interrogation, the court deemed it inappropriate to grant bail— The application was dismissed, reinforcing the judiciary's commitment to public health and safety in food-related offenses— The court assured that trial proceedings would remain impartial, independent of this bail decisio...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Regarding affidavits— The court reiterates that affidavits must be based on the deponent's personal knowledge, with clear distinction between facts known, beliefs held, and their sources— It emphasizes that affidavits filed by an advocate's clerk are generally inadmissible unless in specific appellate situations where court records are sufficient— The practice of relying on clerks to submit affidavits is strongly criticized, and such affidavits lack probative value and are subject to rejection— The ruling concludes that any defective affidavit, failing to comply with these essential stipulations, cannot support legal claims— Consequently, the bail application at hand was dismissed, allowing for the possibility of a fresh application that meets p...

Criminal Procedure Code, 1973 (CrPC) - Section 173(8), Section 439—Petitioner contended that such delay undermines the credibility of the prosecution's case, citing precedents that emphasize the importance of prompt reporting— The Court acknowledged the significance of timely F.I.R. lodging but ruled that the prosecution could explain the delay at trial— It noted the investigation revealed the petitioner operated a fraudulent job placement scheme, leveraging local political influence and deceitful practices to exploit job seekers— Considering the serious nature of the allegations, the ongoing investigation, and potential risks of evidence tampering, the Court denied bail— The decision emphasized that findings pertained solely to the bail application, leaving the merits of the case for trial determination....

Criminal Procedure Code, 1973 (CrPC) - Section 173(8), Section 438—Application of a petitioner indicted for serious economic offenses linked to a ponzi scheme— The court clarified that while Section 438 of the Cr.P.C. allows for pre-arrest bail in non-bailable offenses, it acknowledged that economic crimes require a distinct approach— Citing the Supreme Court's precedents, including P. Chidambaram and Gurbaksh Singh Sibbia, the court emphasized the need for custodial interrogation to effectively investigate the larger conspiracy involving influential figures and financial misconduct— The petitioner, allegedly involved in promoting the ponzi scheme and lobbying for its interests, posed a risk of obstructing the investigation— The court determined that the serious nature of the allegations and the necessity...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Indian Penal Code, 1860 (IPC)—Sections 324, 326, 302, 34—Bail—Quarrel Between Neighbors Leading to Death—Grant of Bail to Accused Nos. 1, 2, and 4—In a case involving a fatal assault during a land dispute, accused Nos. 1 to 4 were charged under Sections 324, 326, and 302 read with Section 34 of the IPC—During the quarrel, Accused No. 3 struck the deceased with an iron rod, causing a fatal head injury—The High Court dismissed the bail petition of Accused No. 3, citing the seriousness of his role in the assault—However, Accused Nos. 1, 2, and 4, whose involvement was less direct, were granted bail subject to conditions, including execution of a personal bond, non-interference with prosecution witnesses, and regular appearance at tria...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Circumstantial Evidence—Parity—The petitioner (Accused No.3) sought bail under Section 439 CrPC for alleged offences under Sections 120B, 302, 201 read with Section 34 IPC—The prosecution argued that the petitioner stabbed the deceased and participated in a conspiracy to destroy evidence, based on circumstantial evidence, voluntary statements, and material recovered—Despite the severity of the charges, the court noted the absence of eyewitnesses and that the investigation was complete, with no need for further custodial interrogation—The court also noted that the petitioner’s co-accused had been granted bail—Considering the lack of criminal antecedents and the possibility of mitigating prosecution concerns with stringent condi...

Evidence Act, 1872 - Section 134—Murder under Section 302 IPC by the trial court, based on the testimonies of key witnesses including the informant and an eye-witness— The appeal challenged the conviction, arguing that the sole eye-witness (P.W.9) lacked credibility, as her statements were inconsistent with her prior testimony to the Investigating Officer, undermining her reliability— Additionally, the prosecution’s circumstantial evidence, particularly the discovery of the weapon, was called into question due to hostile witnesses— The court found substantial contradictions in the evidence, ruling that the prosecution failed to prove the case beyond a reasonable doubt— Consequently, the conviction and sentence were overturned, and the appellant was acquitted, highlighting the necessity for evidence of s...

Penal Code, 1860 (IPC) - Section 302—Conviction for murder under Section 302 of the Indian Penal Code, sentenced to life imprisonment by the Additional Sessions Judge, Bhawanipatna— The case arose from the death of his wife, Pratima Behera, who sustained burn injuries on July 30, 2002, and succumbed on July 31— Despite initial reports of foul play, crucial witnesses, including family members, turned hostile during the trial, failing to incriminate the appellant— The trial court, while recognizing these deficiencies, erroneously shifted the burden of proof to the defense— The appellate court found the prosecution's evidence insufficient to establish a complete chain of circumstances linking the appellant to the crime— Consequently, the conviction was set aside, and Behera was acquitted of all charges...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Claims false implication based solely on a co-accused’s statement, arguing his actions were directed by another co-accused, portraying himself as a mere employee— The State counters that the petitioner actively participated in a complex tax fraud scheme, posing risks of evidence tampering and obstruction of justice— The court emphasizes the gravity of economic offences, referencing Supreme Court precedents that underscore their serious implications for public funds and trust in the justice system— It concludes that the petitioner’s inconsistent statements and involvement in fraudulent activities warrant denial of bail to protect the ongoing investigation and public interest— The bail application is rejected, with the court noting that these observ...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Colluding with others to create 12 fictitious firms, resulting in a fraud of ₹42.36 crores— During interrogation, he initially denied involvement but later admitted to communication with a co-accused about business transactions— The investigation revealed that the declared businesses were non-existent, primarily involving paper transactions— The prosecution argues that the petitioner poses a risk of evidence tampering and flight, necessitating continued custody— Citing the Supreme Court's precedents, the court emphasizes the serious nature of economic crimes and the need for thorough investigation— Given the substantial public loss and conflicting statements from the petitioner, the court denies bail, reinforcing that these observations are prelim...

Criminal Procedure Code, 1973 (CrPC) - Section 374—Trial court had previously denied bail, but upon review, the court emphasized that the charges do not warrant life imprisonment, and the investigation was complete— Citing precedents, including Mahipal vs— Rajesh Kumar and Sanjay Chandra vs— CBI, the court underscored the principle that pre-trial detention should not serve as punishment— The appellant had already been in custody longer than necessary without a conviction— To mitigate concerns regarding witness intimidation, the court imposed strict bail conditions, including prohibiting contact with the victim and requiring regular police check-ins— The court concluded by granting bail, allowing for potential modifications based on future violations, while ensuring that the trial remains unaffecte...

Juvenile Justice (Care and Protection of Children) Act, 2015 - Section 102, Section 12—Allegations that he fatally assaulted an individual who was allegedly harassing his mother— Despite the gravity of the charges, the court highlighted that Section 12 mandates bail unless there are reasonable grounds to believe that release would expose the juvenile to moral danger or defeat justice— The CICL had no prior criminal record, and a favorable social investigation report suggested he was not a hardened criminal— Previous interim bail granted for educational purposes indicated his intent to reform— Thus, the court set aside previous orders denying bail, allowing the CICL's release under specific conditions, emphasizing the importance of rehabilitation over punitive measures for juveniles. ...

Essential Commodities Act, 1955 - Section 12AA(1)(e), Section 7, Section 9—Conviction of the Secretary of S.S.C. Society under the Essential Commodities Act, focusing on whether the society qualifies as a "company" and the implications of not arraigning it as an accused. The court reviewed the definition of "company" under the E.C. Act and noted that S.S.C. Society, as a registered cooperative under the Orissa Co-operative Societies Act, meets this definition. However, it emphasized that for liability under the E.C. Act to arise, the society itself must be charged with a contravention. Citing precedents, including C.V. Parekh and Aneeta Hada, the court concluded that the Secretary’s prosecution was not maintainable without the society being arraigned, as the commission of an offence by the company is a prer...

Criminal Procedure Code, 1973 (CrPC) - Section 438—Petitioners, who were apprehending arrest for multiple offences— The court discussed the maintainability of such an application directly in the High Court without first approaching the Court of Sessions, highlighting the concurrent jurisdiction provided by Section 438— The court emphasized that while there is no statutory requirement to exhaust remedies in the Sessions Court first, it is advisable for practical reasons— The court referenced various precedents suggesting that approaching the lower court first is more efficient and conducive to judicial economy— Consequently, the court granted the petitioners interim protection for three weeks to seek relief from the Sessions Court, ordering it to expedite the hearing— The application for anticipatory bai...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail application of Mr— Sarthak Nayak, an Assistant Manager at a bank, was rejected by the court due to serious allegations of economic offences involving a conspiracy to disburse loans based on fraudulent documentation— The petitioner is accused of processing and recommending ten housing loans amounting to over Rs. 4 crores, without proper due diligence, including failure to verify borrowers' income and net worth, and submitting false inspection reports— The loans were disbursed without obtaining borrowers' consent and in violation of bank protocols— The court emphasized the grave nature of economic offences, the likelihood of witness tampering, and the substantial financial loss to the bank as key factors in denying bail— The ruling underscore...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Allegedly spreading provocative WhatsApp messages against the judiciary and promoting religious enmity— The petitioner contended that the bail denial by the lower court lacked proper judicial consideration and claimed he was falsely implicated, asserting that the messages were sent after his phone was hacked— The State opposed bail, citing the seriousness of the allegations and the risk of evidence tampering— The Court emphasized the principle of personal liberty and the necessity of balancing this with public safety— Considering the petitioner’s arguments, prior legal precedents, and his lengthy detention, the Court granted bail with strict conditions, including cooperation with the investigation and a prohibition on further criminal activity— Th...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Accused's lack of genuine intent to marry led the victim to consent to physical relations, thus constituting rape under Section 375— The ruling emphasized the severe societal implications of rape, describing it as a crime that deeply degrades the victim and society— While acknowledging the complexities of intimate relationships and consent, the court maintained that the law should address the plight of women, particularly those from disadvantaged backgrounds who face deceit— The judgment underscored the importance of a thorough investigation and trial, ruling against bail for the accused due to the seriousness of the allegations and the potential risk of tampering with evidence or fleeing justice— The court clarified that its observations would not prejud...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Petitioner sought release in connection with a case involving the alleged possession of 94 kg of ganja, categorized as a commercial quantity under the NDPS Act— The prosecution claimed the contraband was seized from the petitioners' vehicle— The petitioners contested the legality of the search and seizure, arguing that proper procedures under Sections 42 and 50 of the NDPS Act were not followed, including the absence of local witnesses and a Gazetted Officer during the seizure— The court noted the settled legal position that these provisions are mandatory to ensure the protection of innocent individuals and the integrity of the prosecution— Although the court found deficiencies in the procedure followed, it ruled that these issues could be addressed at tr...

Dowry Prohibition Act, 1961 - Section 4—Prosecution relied on circumstantial evidence, asserting that the appellant poisoned the deceased, Puspalata Sahu, with insecticide mixed in Rasagolas— However, the court found significant gaps in the prosecution's case, including the lack of direct evidence of the appellant purchasing or administering poison, and the failure to establish a clear motive— The prosecution's claim regarding a deed of conveyance as dowry was also unsubstantiated, as the deed was not produced in court— The court emphasized the need for a complete chain of evidence to support a conviction based on circumstantial evidence— Consequently, the appeal was allowed, the convictions were set aside, and the appellant was acquitted of all charges— The court ordered the immediate release o...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2)—Petitioner was arrested on 12.02.2020, and the investigation was required to be completed within 180 days. On 07.08.2020, the prosecution sought a 60-day extension, which was granted by the Additional Sessions Judge without providing the petitioner an opportunity to be heard or informing him of his right to default bail. Citing the principles from Lambodar Bag Vrs. State of Orissa, the court held that the petitioner's right to bail was violated, as he was not notified of his rights before the extension was granted. Consequently, the court set aside the order extending the investigation period and directed the petitioner’s release on bail, contingent upon the execution of a bail bond with sureties. The decision emphasizes the necessity of adhering to procedural fairness ...

Criminal Procedure Code, 1973 (CrPC) - Section 394(2)—Claimed that Saheba Naik was in possession of the disputed land and was attacked while harvesting crops, resulting in injuries to him and another appellant, Sudarsan @ Aiban Naik— The trial court found discrepancies in witness testimonies regarding the assault, with some witnesses attributing the attack to all accused while others identified only specific individuals— The prosecution failed to explain Saheba Naik's injuries, which were consistent with an assault— The appellate court determined that the discrepancies and the lack of explanation for the injuries undermined the prosecution’s case, leading to a reasonable doubt regarding Saheba Naik’s guilt— Consequently, the court acquitted him of all charges, setting aside the trial court'...

Criminal Procedure Code, 1973 (CrPC) - Section 374—Affirming that evidence from eyewitnesses (P.W.1 and P.W.3) was credible and supported by medical findings— The accused had used a sharp weapon to inflict fatal injuries on the deceased, and motive was deemed irrelevant given the clarity of eyewitness testimony— The Court clarified that a single reliable witness can suffice for conviction, provided their testimony is corroborated, as established in precedents— The absence of supportive testimonies from close relatives of the accused was interpreted as an attempt to suppress truth rather than a weakness in the prosecution’s case— The accused’s plea of alibi was dismissed due to a lack of evidence proving his absence from the scene— Ultimately, the prosecution successfully established the accu...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Charged with murder under IPC Section 302/34— The FIR, filed by the deceased's sister, alleged that the deceased was killed by his wife, daughters, and unnamed individuals amid long-standing familial conflicts— The petitioners argued that the evidence against them was insufficient, noting that witnesses did not implicate them directly, and their involvement was limited to minor altercations— The State countered that the accused participated in a premeditated conspiracy to murder— A co-ordinate bench had previously granted bail to similarly situated co-accused— The Court found that the evidence suggested the fatal injury was inflicted by the deceased's wife, not the petitioners, warranting their release on bail— The Court emphasized that th...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Successive Bail Application—Parity Principle—Change in Circumstances—The appellant (Accused No. 33) sought bail after his earlier application was rejected due to the non-arrest of co-accused—Post-arrest and bail of Accused Nos. 57, 58, and 59, the appellant sought bail on grounds of parity and changed circumstances—The prosecution alleged the appellant was a follower of Accused No. 57 but did not directly link him to the offenses of dacoity or conspiracy—The court, applying the principle of parity and considering no risk of tampering with evidence, granted bail—The appellant’s charges under the SC/ST Act were dismissed since he belonged to a Scheduled Caste—Conditions were imposed, including regular court appearanc...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Principle, emphasizing that a victim’s emotional injuries place their testimony on a higher pedestal than that of an injured witness— The court also noted that while child witnesses’ testimonies require careful scrutiny and corroboration, reliable statements should not be dismissed solely based on their age— Furthermore, even in the absence of penetration, rape can still be established based on the circumstances of the case— The court denied bail to an accused under the POCSO Act, highlighting the gravity of the allegations and the need for ongoing investigation— Specific charges against the petitioner were detailed and credible, warranting continued detention to prevent potential coercion or flight— The bail application was dismissed, with ...

Criminal Procedure Code, 1973 (CrPC) - Section 173(8), Section 439—Permission and does not fit the definition of "Financial Establishment—" Citing past judicial decisions, the petitioner claimed compliance with Direct Selling Guidelines and asserted that their business model does not involve a pyramid scheme— The state counsel opposed bail, emphasizing the company’s unregistered status as a direct seller and ongoing investigations— The court noted that similar co-accused had been granted bail by the Supreme Court, suggesting parity— It referenced prior judgments indicating that the nature of transactions did not constitute economic offenses but rather consumer disputes— Given the circumstances and the principle of parity with co-accused, the court granted bail to the petitioner, subject ...

Criminal Procedure Code, 1973 (CrPC) - Section 161, Section 439—Circumstances surrounding his detention related to an FIR where he was not named— The petitioner claimed he faced undue hardship due to the actions of the Managing Director, Himansu Sekhar Nayak, who, along with another director, was implicated in wrongdoing— Despite the petitioner’s efforts to cooperate and resolve outstanding salary issues, he remained in custody while the principal accused operated freely— The court noted that the petitioner had shown bona fide conduct by attempting to contact relevant parties and had not abused his earlier granted interim bail— After considering the evidence and the petitioner’s limited role in the allegations, the court granted bail, emphasizing that this decision would not affect the integrity o...

Penal Code, 1860 (IPC)—Section 120B, Section 143—Criminal Procedure Code, 1973—Section 439—Bail—Conspiracy to Commit Murder—No Active Role in the Offense—Allowed—In this case, the petitioner (accused No.13) sought bail under Section 439 of Cr.P.C. in connection with Crime No.90/2020 registered for offenses under Sections 143, 147, 148, 307 r/w 149 of IPC and Section 25 of the Arms Act, 1959—The allegations against the petitioner included conspiracy and providing SIM cards used by other accused in the commission of murder—However, no active participation in the crime or recovery at his instance was shown—The court found no need for custodial interrogation, noting that the petitioner had been in judicial custody since August 2020—Despite some accused remaining abscondin...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Abuse and attempted to assault a second victim shortly after the first complaint was lodged— Medical examination did not indicate recent sexual assault, yet the victim's testimony remains pivotal— The court emphasized that while corroboration is not mandatory for a victim's testimony, it must be credible— Relying on established legal precedents, the court ruled that serious allegations necessitate caution in granting bail, especially given the nature of the offenses— The FIR and charge sheet contained specific allegations against the petitioner, indicating a prima facie case— Thus, bail was denied, highlighting the gravity of sexual offenses against minors— The petitioner was allowed to present his arguments during the framing of charges&m...

Criminal Procedure Code, 1973 (CrPC) - Section 167(2), Section 20(b)(ii)(c)—Argued that the learned Sessions Judge unlawfully extended the investigation period without informing them of their right to seek bail after 180 days. Citing the case of Lambodar Bag, the court underscored the necessity of notifying the accused about their bail rights before granting any extension to the prosecution. The court found that the petitioners were not given a fair opportunity to present objections or informed of their right to default bail, constituting a violation of their rights. Even though the petitioners did not apply for bail before the lower court, they were still entitled to it due to the failure of the prosecution to submit a report within the prescribed time. Consequently, the court set aside the extension granted by the Sessions Judge a...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Protect doctors from frivolous claims, requiring prima facie evidence of negligence from a competent medical opinion before proceeding with complaints— The court highlighted that errors in judgment do not equate to criminal negligence unless there is gross incompetence— This principle was reiterated in subsequent cases, reinforcing that medical practitioners should not be routinely arrested without necessity— In relation to the Medical Termination of Pregnancy Act, the court underscored that victims of rape must receive timely medical assistance, recognizing the trauma associated with unwanted pregnancies— Following a review of relevant judgments, the court found the petitioner meritorious for bail, determining that the facts warranted release while affirming...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail under Section 439 of the CrPC for alleged offences under Sections 364 and 394 of the IPC— The prosecution alleges that on 09.06.2019, the complainant was attacked and abducted, escaping later to report the incident— The petitioner is implicated in 15 similar criminal cases and reportedly engaged in a shootout with police during arrest— The court, upon reviewing the FIR and charge sheet, finds specific allegations against the petitioner, noting the serious nature of the charges and potential flight risk— Despite arguments regarding the lack of direct evidence against the petitioner, the court emphasizes the importance of circumstantial evidence, including the petitioner’s criminal history— Consequently, the bail applications are dismissed, but...

Penal Code, 1860 (IPC) - Section 302—Conviction under Section 302 of the Indian Penal Code by the Sessions Judge, Mayurbhanj— The prosecution alleged that Bijay and two others forcibly took the deceased, Bikram Munda, away, suspecting him of witchcraft, and subsequently killed him— The prosecution's case relied on the last seen theory and the recovery of a weapon— However, no eyewitnesses confirmed the events, and critical testimonies revealed that the witnesses were intoxicated, undermining their credibility— The co-accused was acquitted due to insufficient evidence, raising doubts about Bijay's involvement as well— The weapon recovered had no blood evidence linking it to the crime— The appellate court found the prosecution's case lacked compelling evidence against Bijay, concluding t...

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Criminal Procedure Code, 1973 (CrPC) - Section 164—Prosecution claimed that on the night of December 8, 1995, the deceased Chhabi and the appellant were in the huller house, where Chhabi was later found dead— Key witnesses testified about previous quarrels between the two, but their statements lacked direct evidence of the events leading to the death— The trial court relied on circumstantial evidence, including the appellant's alleged absconding, which the appellate court found unconvincing— The appellate court emphasized that circumstantial evidence must form a complete chain pointing to guilt, which was not established— It also noted that certain statements used as evidence were inadmissible— Consequently, the appellate court set aside the conviction, acquitting the appellant of murder charges, an...

Kerala Protection of Interests of Depositors In Financial Establishments Act, 2013 - Section 5—Banning of Unregulated Deposit Schemes Act, 2019—Section 3, Section 5—Criminal Procedure Code, 1973 (CrPC)—Section 439—The applicant, an MLA and Chairman of Fashion Gold International Private Limited, seeks bail in connection with multiple charges including Sections 406, 409, and 420 IPC, Section 5 of the Kerala Protection of Interests of Depositors in Financial Establishments Act, 2013, and Section 3 of the Banning of Unregulated Deposit Schemes Act, 2019—The prosecution alleges misappropriation of depositor funds—The applicant, claiming innocence and poor health, argues for bail based on prolonged custody and cooperation with the investigation—The court, acknowledging the applicant's signific...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Prosecution claimed the petitioner subjected the complainant to cruelty for dowry demands, including threats of violence— Specific allegations included a June 2020 incident where the petitioner allegedly poured kerosene on the complainant and attempted to set her on fire— The petitioner argued that the allegations were vague and contradicted by evidence, asserting that no serious injuries were inflicted and claiming the complainant suffered from psychiatric issues— However, the injury report indicated burn and cut injuries, supporting the claims of cruelty— The court noted that allegations against the petitioner were specific and serious, dismissing the bail application, stating that such offences threaten societal fabric— The petitioner retains the rig...

Criminal Procedure Code, 1973 (CrPC) - Section 173(8), Section 439—Scheme was limited and that he had been in custody since June 2019 without having directly collected money from investors— The State opposed the bail, highlighting the petitioner’s involvement in a conspiracy that defrauded investors out of approximately seven crores, executing fake sale deeds for residential plots without legal title— The Court emphasized the serious nature of economic offences and the importance of protecting public interest— It cited precedents that prioritize societal interests over individual liberty, especially in cases involving deep-rooted conspiracies and significant public financial loss— Given the ongoing investigation, the potential for evidence tampering, and the severity of the alleged crimes, the Court fou...

Criminal Procedure Code, 1973 (CrPC) - Section 439 —Petitioners Tapan Jal, Ghanashyama Mahanand, Raju Jal, Kamal Murgi, and Gajman @ Gajaban Shika sought bail under Section 439 of the Cr.P.C. for their alleged involvement in a brutal murder during a workers' protest at M/s. Graphite India Limited on 3.3.2011. The petitioners were accused of participating in the murder of the factory's D.G.M., who was burned alive, but claimed they were falsely implicated, with no specific overt acts attributed to them by eyewitnesses. They surrendered in court on 21.10.2019 and have been in custody since. The State opposed bail, citing the severity of the crime and the petitioners' prior absconding status. However, the court noted that eyewitness statements only mentioned the petitioners’ presence and did not specify their act...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) - Section 36A—Alleged narcotics offenses under the N.D.P.S. Act. The learned Special Judge rejected the bail plea on 17.06.2020. The investigation period of 180 days, as per Section 36-A(4) of the N.D.P.S. Act, was extended by the Special Judge on 04.12.2020 without providing a fair opportunity for the defense to oppose the extension. The court found that the defense was not given adequate time to respond to the prosecution's extension request, violating principles of natural justice. Consequently, the court ruled that the extension order was not lawful and granted bail to Naresh Digal, imposing conditions for his release, including a bond of Rs. 2,00,000 and local solvent sureties. The ruling emphasizes the necessity of fair hearings in extension petitions under the N....

Criminal Procedure Code, 1973 (CrPC) - Section 374—Prosecution's evidence consisted of testimonies from eight witnesses and seizure of ashes and bones from the burial site, which were found to contain no trace of poison. Key evidence, including the Investigating Officer's account, was not presented due to their absence during the trial. The court noted significant contradictions in witness statements and lack of specific allegations against the accused regarding dowry demands and torture. Ultimately, the absence of credible evidence led the court to conclude that the prosecution failed to establish its case beyond reasonable doubt. Consequently, the convictions were overturned, and the surviving appellants were acquitted of all charges. The court ordered their immediate release, emphasizing the insufficiency of the evidence ...

Criminal Procedure Code, 1973 (CrPC) - Section 437(6)—Significant sums. He argued for bail under Section 437(6) of the Cr.P.C., claiming that the trial had not concluded within sixty days from the first witness's examination. The State contended that the delay was due to the nature of the allegations and the ongoing COVID-19 lockdown. The court noted that while the trial exceeded the sixty-day period, the delays were not attributable to the petitioner, the prosecution, or the court. Considering the lack of criminal antecedents and the circumstances, the court found no justifiable reason to deny bail. Consequently, the petitioner was granted bail, with conditions including a monetary bond and property security, emphasizing the need to ensure accountability due to the nature of the financial fraud allegations. The BLAPL was dispos...

Orissa Municipal Act, 1950 - Section 376, Section 378—Madhusudan Market, the court examined allegations of forgery and misconduct against two appellants, Sridhar Swain (appellant no.1) and Maheswar Behera (appellant no.2). Witnesses testified to discrepancies in tender documents, notably an unauthorized price increase for MAXphalt from ₹2,021 to ₹2,621 per metric ton. While appellant no.1, as Municipal Engineer, failed to verify these discrepancies, the court found no conclusive evidence linking him to the forgery or that he acted with fraudulent intent. Appellant no.2, having submitted the lowest bid, did not have access to any forged documents post-tender submission, and the benefits received were later adjusted in subsequent bills. Consequently, the court determined that there was insufficient evidence to uphold charges of ab...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Default bail—Charge-sheet laid after statutory period—Indefeasible right to bail—In the case at hand, the accused-petitioners sought bail under Section 439 CrPC in connection with a case registered under Section 397 IPC—The charge-sheet was filed after the statutory period for completion of investigation—The petitioners contended that they were entitled to default bail, as the charge-sheet was filed beyond the prescribed time limit—The learned counsel for the petitioners relied on the Supreme Court's judgment in Bikramjit Singh v—State of Punjab (2020 SCC OnLine SC 824), which reaffirmed the principle that an accused acquires an indefeasible right to default bail when the investigation is not completed within the statutory...

Criminal Procedure Code, 1973 (CrPC)—Sections 167(2) and 439—Narcotic Drugs and Psychotropic Substances, Act, 1985—Sections 22, 28 and 29—Possession and transportation of a narcotic substance—Combined complaint—Bail—A combined complaint was filed addressing both offenses, and it was filed within 180 days—The High Court rightly canceled the default bail granted to the appellants—No grounds to interfere with the High Court's decision—Appellants can file a regular bail application before the Omerga Court under Section 439 Cr.P.C.—Appeal dismissed. ...

Negotiable Instruments Act, 1881, Section 138—Criminal Procedure Code, 1973, Section 482 and 389—The condition to deposit 35% of the amount while granting bail—Quashing of—Seeking for— Such power of imposing conditions is discretionary—While suspending the sentence court can always direct the applicant to deposit fine in the court but the amount of such condition must not be unreasonable, onerous and unjust—In the result, the application u/s 482 CrPC is partly allowed with the modification to deposit only 10% of the amount of fine—The petition is partly allowed.   (Paras 3 and 6) ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Protection of Children from Sexual Offences Act, 2012 (POCSO Act)—Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act)—Indian Penal Code, 1860 (IPC)—Sections 342, 376—Grant of Bail in Serious Offenses—The accused sought bail under Section 439 CrPC in a case involving charges under the SC & ST Act, IPC, and POCSO Act, including sexual assault of a minor—The accused had been in custody for over 15 months—The prosecution objected, citing the gravity of the offense and potential witness tampering—However, the court observed the absence of medical evidence indicating injury, intact hymen, and lack of prior criminal history—Referring to Dataram Singh v. State of Uttar Pradesh (...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Section 439—Bail—Offences Under IPC Sections 395, 504, 506—Delay in FIR—Completion of Investigation—Bail Granted with Conditions—In this bail application filed by Accused Nos. 1 and 2 under Section 439 CrPC in connection with Crime No. 36/2020, the prosecution alleged robbery and criminal intimidation—The incident occurred on 11.03.2020, but the FIR was delayed and lodged on 16.03.2020—The petitioners argued that the delay and lack of identification evidence weakened the prosecution's case—Investigation was completed, and the charge sheet was filed—The prosecution’s objection, citing potential threats to witnesses, was countered by the defense, stating the petitioners are not habitual offenders—The court not...

Penal Code, 1860 (IPC)—Section 376—The petitioner, seeking bail under Section 439 of the CrPC, is charged with offences under Sections 376 and 506 of the Indian Penal Code, Section 4 of the Protection of Children from Sexual Offences Act, and Sections 3(1)(r), (s), (w), (i), and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act—The prosecution alleges the petitioner committed rape on a minor victim, who is also from a Scheduled Caste, in Kallur village—Despite the petitioner’s contentions of contradictions in witness statements, lack of physical injury, and delay in filing the FIR, the court noted the gravity of the offence, the victim’s minor status, and the potential for witness tampering—The court dismissed the bail application, emphasizing the severity of the ...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 20(B)(II) —The seizure of 187.65 kilograms of Ganja—The prosecution alleges that the petitioner, along with others, transported and stored the narcotics in a shed—The petitioner contended his innocence, claiming no connection to the incident and challenging the lack of supporting evidence, such as lease agreements or investigation records—The Investigating Officer completed the investigation and filed a charge sheet—The petitioner had been in judicial custody since 15-07-2019 and requested bail—The prosecution opposed bail, arguing the petitioner’s involvement in a serious crime that would harm public health if released—The Court rejected the bail petition, emphasizing the gravity of the offense and potential risk...

The petitioner seeks bail under Section 439 of Cr.P.C. in connection with Crime No.4/2019 for offences under Sections 326, 307, and 302 read with Section 34 of IPC—The petitioner claims to be innocent and was implicated based on a complaint against unknown persons—The complainant stated that the deceased was attacked and had his throat slit by three individuals, but no names were mentioned in the complaint—The petitioner argues that the identification parade was improperly conducted and that, at most, the offence may attract Section 304 Part-II of IPC—The prosecution, however, relies on the petitioner’s voluntary statement admitting to the crime, where he confessed to slitting the deceased's throat—The court found a prima facie case against the petitioner and, considering the severity of the alleged...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Grant on Parity—Circumstantial Evidence—In a bail petition under Section 439 CrPC, accused No.1 sought bail in a murder case registered under Sections 302, 201, 120B read with Section 34 IPC—The prosecution alleged that accused No.1, due to animosity arising from his relationship with the complainant’s daughter, conspired and murdered the complainant’s son—The trial court rejected bail citing risk of tampering with witnesses—The High Court noted that the case was based on circumstantial evidence with no direct eyewitnesses, relying mainly on the last-seen theory—It was observed that co-accused No.2 had already been granted bail, establishing parity grounds—The court held that gravity of the offense alone cannot jus...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 36A(1)(d), Section 37—Bail—Maintainability of Successive Applications—Procedural Irregularities—Parity: The petitioner’s third bail application, following the completion of investigation and filing of a complaint by the Narcotics Control Bureau (NCB), was based on a claimed change in circumstances—The Court held that successive bail applications are maintainable upon new developments, yet deemed the filing of a complaint insufficient to alter prior rulings—Allegations of procedural irregularities in the search and seizure operation, citing lack of proper authorization under Section 41(2) of the NDPS Act, were dismissed as these issues had been previously addressed and were deemed trial matters—A plea for bail on ground...

Criminal Procedure Code, 1973—Section 439—Bail—Murder Case—Grant of Bail in Absence of Premeditation and Criminal Antecedents—The High Court allowed the bail petition filed by Accused No. 1 under Section 439 Cr.P.C. in a case registered under Sections 302, 323, 504, and 506 read with Section 34 IPC—The allegations stemmed from a sudden quarrel between neighboring shop owners, leading to an assault using a coconut, resulting in the victim’s death—The Court observed the absence of premeditation, motive, or previous enmity—Delay in filing the complaint was explained as an attempt for village elders to resolve the dispute—Citing precedents, the Court emphasized the presumption of innocence and the principle that bail is the rule, not the exception—Considering the lack of crimin...

Criminal Procedure Code, 1973—Section 439—Bail—Dowry Death—Harassment—Grant of Bail with Conditions—Petition under Section 439 Cr.P.C. by accused Nos.2 to 4 in Crime No.175/2019 of Munirabad P.S. for offenses under Sections 498A, 304B read with 149 IPC—Complaint by victim’s father alleged dowry harassment and murder of his daughter, married to accused No.1 in 2015—Petitioners in custody since 16.09.2019; Sessions Court denied bail—Counsel argued false implication; complainant’s statements varied—initially alleging murder, later suicide due to harassment—Prosecution opposed, citing seven-year presumption under Section 304B IPC—Court, considering Preeti Gupta v. State of Jharkhand [(2010) 7 SCC 667], noted tendency to implicate entire family in dowry cases&m...

Criminal Procedure Code, 1973 (CrPC)—Section 438—This petition was filed under Section 438 of the Cr.P.C. by accused Nos. 1 to 15 seeking anticipatory bail in Crime No. 9 of 2020, registered by Katkol Police Station for offences under Sections 143, 147, 323, 406, 409, 420, 504, and 506 read with Section 149 of IPC—The allegations arose from a dispute between the complainant, the owner of trucks, and the factory management (Shri Shivasagar Sugar and Agro Products Ltd.)—The complainant alleges that the factory management failed to pay an advance amount after executing an agreement for transportation services, despite the complainant securing a loan for the same—The petitioners are accused of fraud, abuse, and threats—The petitioners sought bail, claiming that the dispute was civil in nature—The cour...

Criminal Procedure Code, 1973—Section 439—Bail—Protection under Section 167(2), CrPC—Non-filing of charge sheet within 90 days—Grant of bail as statutory right—The petitioner, a 52-year-old teacher, was accused of sexual offenses against a minor and was in judicial custody since 30.01.2020—His bail application under Section 439 CrPC was rejected by the Special Judge despite non-filing of the charge sheet within the statutory 90-day period—The High Court observed that the failure to consider this lapse was an error, as the accused was entitled to bail under Section 167(2) CrPC—The court noted that while the allegations were serious, the petitioner had a vested right to bail, which could not be denied due to procedural oversight—Accordingly, bail was granted with stringent conditio...

Criminal Procedure Code, 1973 (CrPC)—Section 439(1)(b)—The petitioner, seeking relaxation of conditions imposed under Section 439(1)(b) of the Cr.P.C, challenged the order of the learned Sessions Judge in Crl.Misc.No.268/2020 dated 23.03.2020, which included conditions for executing a personal bond, remitting forfeited bond amounts, and marking attendance at the Police Station—The petitioner argued that these conditions were arbitrary and effectively negated the benefit of bail—The Court modified Condition No.1 by removing the requirement for solvency certificates from revenue authorities, recognizing the difficulties during the COVID-19 pandemic, and directed the petitioner to execute a personal bond with two solvent sureties—Condition No.2 was set aside as it was found arbitrary, lacking due process under S...

Penal Code, 1860 (IPC)—Section 302, Section 304—The petitioners, accused Nos. 1 and 2, sought bail under Section 439 of the Cr.P.C. in S.C. No. 16/2020, pending before the II Additional District and Sessions Judge, Bagalkote, for the offense under Section 302 read with Section 34 of the IPC—The prosecution alleges that the petitioners assaulted the victim, Nabisab, due to a dispute over his love affair with the sister of accused No. 1—The victim succumbed to his injuries after the assault—The petitioners' counsel pointed out several inconsistencies in the prosecution's case, including issues with the inquest procedure and delay in filing the complaint—The prosecution opposed bail, citing the threat to witnesses—The Court, after reviewing the case, observed that while the offense may involv...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioners, accused Nos. 1 to 3, were charged under Sections 84 and 86 of the Karnataka Forest Act, 1963, related to the theft of sandalwood trees in Alnavar Range Forest Crime No.2/2018-2019—Initially arrested in separate cases, they were implicated in this case based on their alleged confessional statements—The court referenced Dataram Singh v. State of Uttar Pradesh (2018) on the presumption of innocence, emphasizing that bail is the rule and detention the exception—Considering factors such as the absence of personal recovery, completion of investigation, and absence of necessity for custodial interrogation, the court granted bail with stringent conditions to prevent tampering with evidence or absconding—Conditions included personal bond, regular ...

The petition for bail filed under Section 439 of the Cr.P.C. was rejected by the High Court concerning the petitioner charged under Sections 363, 366, and 376 of the IPC, and Sections 5(l) and 6 of the POCSO Act—The victim, aged 16 years and 2 months, was reported missing by her father and later traced with the petitioner, leading to allegations of sexual assault—The court emphasized that consent is irrelevant given the victim's age under the POCSO Act, which defines minors as individuals under 18—Citing Supreme Court precedents, the court underscored the necessity of protecting minors and maintaining fair trial principles—The presence of medical evidence indicating recent sexual intercourse and the complainant's allegations supported the decision—The court concluded that releasing the petitioner on b...

The petitioner, facing charges under Sections 323, 376, 504, 506 IPC and Sections 3(1)(r), 3(1)(s), 3(1)(w)(i)(ii), 3(2)(va) of the SC/ST (Prevention of Atrocities) Act, 2015, sought bail under Section 439 Cr.P.C—The prosecution alleges that the petitioner forcibly raped the victim, who had gone to his land to collect grass—However, the medical report shows no signs of recent sexual intercourse—The petitioner claimed the case was falsely filed due to a loan dispute with the victim’s husband—The trial court had earlier denied bail—Considering that the charge sheet has been filed, no substantial evidence of tampering, and the petitioner has been in custody for over ten months, the court granted bail with conditions including personal bond, non-interference with witnesses, and regular court appearances. ...

Passports Act, 1967—Section 12(b)—The petitioners, foreign nationals, sought bail under Section 439 of Cr.P.C. for offences under Sections 454, 457, 380, 468, 471, 420 r/w 34 of IPC and Section 12(B) of the Passport Act, 1967, in Crime No. 32/2020—Their initial bail application was rejected on 8.5.2020—The petitioners were arrested on 17.03.2020 and have been in judicial custody for over 90 days—The prosecution opposed bail, citing involvement in multiple similar cases—The Court noted the long custody period and the pandemic's impact on gathering, deeming no prejudice would arise from granting bail with conditions—Bail was granted subject to conditions: execution of a personal bond, attendance at police station, prohibition on leaving India without permission, surrendering passports, and home ...

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The petitioner, seeking bail under Section 439 Cr.P.C. in Crime No. 43/2020, is charged with offences under Sections 506, 504, 376, 420, and 323 of the IPC, arising from allegations of coercive sexual intercourse, cheating, and financial exploitation by the complainant, a practicing advocate—The petitioner had been in a relationship with the complainant since 2015 and allegedly delayed marriage while taking financial benefits and causing her to undergo three abortions—The Sessions Court had previously denied bail—The Supreme Court's ruling in Dataram Singh v. State of Uttar Pradesh emphasizes the presumption of innocence and the general rule of bail—After considering the facts, including the completion of the investigation and the absence of further custodial interrogation, the Court granted bail with stringent...

Prohibition of Child Marriage Act, 2006—Section 9—The petitioner sought bail under Section 439 of the Cr.P.C—for offenses under Sections 363, 376, 376(n) of the IPC, Section 6 of the Protection of Children from Sexual Offenses Act, and Section 9 of the Prohibition of Child Marriage Act—The petitioner was accused of kidnapping and marrying a minor girl—The victim had fled with the accused on multiple occasions and had been married to him during the period of their escape—The court emphasized the seriousness of the offense, the habitual nature of the accused’s conduct, and the potential impact on the trial, witnesses, and society—Given the possibility of influencing witnesses and tampering with evidence, the court rejected the bail application, highlighting the importance of ensuring a fair tr...

Criminal Procedure Code, 1973 (CrPC)—Section 439(2)—The anticipatory bail granted to respondents No.2, 4, and 5 by the Principal District and Sessions Judge, Uttara Kannada, Karwar, in Criminal Misc. No.340/2018—The State argued that the bail was granted without considering the bar under Section 18 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act and cited the case of Srinivasan K. v. State of Karnataka to support its claim—The Court noted that the Sessions Court had found no evidence of caste-based insult or intention to abuse the complainant under the Act, and thus, bail was warranted—The Court referred to Myakala Dharmarajam v. State of Telangana on the principles of bail cancellation, ultimately rejecting the petition for respondents No.2, 4, and 5, but cancelling the bail for re...

Criminal Procedure Code, 1973—Section 439—Regular bail—Offense under IPC Section 304-B (Dowry Death) and Sections 3, 4 of Dowry Prohibition Act—Bail granted—The petitioner, accused No.1, sought bail in Crime No.32/2020 registered for the alleged dowry death of his wife within five months of marriage—The complaint filed by the father of the deceased alleged harassment and dowry demands by the petitioner and his family, leading to the unnatural death of the deceased—The petitioner argued that there was no prima facie material to support the allegations, and the investigation had concluded with the filing of the charge-sheet—The High Court observed the lack of specific instances of harassment in the complaint and noted that other accused had already been granted bail—Considering the petit...

Indian Penal Code, 1860—Sections 395 (Dacoity) & 420 (Cheating); Criminal Procedure Code, 1973—Section 439 (Bail): In a successive bail petition, Accused Nos. 1 and 3 sought bail, contending prolonged judicial custody and family hardship—The defense argued that the Test Identification Parade (TIP) delay raised doubts on prosecution credibility—The High Court emphasized that while detailed examination of evidence is not warranted at the bail stage, the prima facie case should be considered—The court found the material collected insufficient to deny bail—Opposing concerns of tampering were addressed by imposing stringent conditions, including bond execution, regular court attendance, jurisdictional restriction, and non-involvement in further criminal activities—The bail was granted with a warnin...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Statutory Bail—Delay in Filing Charge Sheet—The petitioner sought regular bail under Section 439 of CrPC in connection with Crime No. 51/2020 for offenses under Sections 376, 420, and 506 of IPC—The complainant alleged sexual assault when she was a minor and later accused the petitioner of rape and monetary exploitation—Despite earlier complaints, including one withdrawn by the complainant, she filed fresh accusations involving past incidents—The petitioner contended statutory bail under Section 167(2) CrPC due to failure of the police to file the charge sheet within 60 days—Citing Rakesh Kumar Paul v. State of Assam (2018), the Court observed unexplained delay in lodging the complaint and discrepancies in the complainant’s st...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Grant of bail in case of alleged dowry harassment and abetment of suicide—The petitioner (accused No.1) sought bail for offenses under Sections 498A, 306 read with Section 34 of IPC—Initially, an Unnatural Death Report (UDR) was filed without allegations of harassment—Subsequently, a private complaint alleged dowry harassment—The petitioner contended lack of evidence, delayed complaint, and absence of custodial interrogation necessity—The Court observed discrepancies in witness statements and noted the completion of investigation and filing of charge sheet—Citing precedents, the Court emphasized that bail should not be denied as a form of punishment if the accused’s presence at trial can be secured—Considering these fact...

Criminal Procedure Code, 1973 (CrPC) - Section 439—Bail—Grant on Parity—Offence under IPC Sections 302, 120B, 34 and Arms Act Section 25(1)(B)(b)—Petitioners (Accused Nos. 6 and 7) sought bail, arguing they were falsely implicated, with no mention in the initial complaint or FIR—Their alleged role was limited to standing guard with knives during the assault by Accused Nos. 1 to 4—The prosecution argued their complicity, but the court noted that except for their presence, no substantial allegations were made—Investigation was complete, and Accused No. 8, with similar allegations, was already granted bail—Considering parity, judicial custody since June 2019, and the principles of Article 21 of the Constitution, the court granted bail with stringent conditions—The decision emphasized the ...

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...

The petitioner seeks bail under Section 439 of the Cr.P.C. for the offence under Section 397 of IPC, in Crime No.62/2020—The petitioner, a student, has been in judicial custody since 05.03.2020, following an alleged robbery involving a sword—The complainant, Darshan, claimed that the petitioner and two others attacked him, stole his mobile, and caused injuries—The petitioner denies the charges, claiming innocence and that the case was falsely filed due to student unrest—The Government Pleader opposed bail, citing the nature of the offence and the recovery of the stolen mobile from the petitioner—After considering the circumstances, the Court granted bail with conditions, including the execution of a personal bond, non-interference with witnesses, and reporting to the police—The petitioner was also requi...

Criminal Procedure Code, 1973—Section 439—Bail—Unlawful Assembly, Assault, and COVID-19 Concerns—Grant of Bail despite Serious Allegations—Petitioners (126 persons) were accused of forming an unlawful assembly to obstruct medical officers and police personnel, allegedly assaulting them with deadly weapons and causing extensive damage to public property—They were arrested under various offenses, including IPC Sections 143, 148, 307, and the Disaster Management Act, following allegations of rioting during the COVID-19 pandemic—The prosecution argued against bail citing their involvement in multiple offenses, public health concerns, and the need for identification—The defense argued lack of prima facie evidence for serious charges like Section 307 IPC, and highlighted that the petitioners were ...

Criminal Procedure Code, 1973—Section 439—Indian Penal Code, 1860—Sections 270, 328 read with Section 34—Regular bail—The petitioners sought regular bail after being charged under Sections 270 and 328 IPC for allegedly picking watermelons from a drain and selling them to the public during the COVID-19 pandemic—The petitioners argued that Section 328 IPC, which involves administering poison or harmful substances, was improperly invoked—The Court held that on the face of the evidence, Section 328 IPC did not apply, as there was no clear intent or action to administer harmful substances—While Section 270 IPC, which pertains to the spread of infection, was bailable, the allegations needed to be tested at trial—The petition was allowed, and the petitioners were granted bail with conditions,...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The accused is requesting bail for the offences punishable under Sections 8, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985—The accused was arrested at Kempegowda International Airport on 14.9.2019, and upon arrival, officers found 3000 grams of hashish in his luggage—The accused argues that the allegations are baseless and that he was not in possession of the substance—He also argues that the quantitative and qualitative analysis test has not been conducted as per guideline No.1.18 of the Narcotic Control Bureau—The accused argues that the quantitative and qualitative analysis test should be obtained within 30 days from the date of receipt of the sample—The accused relies on the decisions of the Hon'ble Apex Court, Chukwu...

Criminal Procedure Code, 1973 (CrPC)—Section 167(2), 173—Right to Default Bail—Filing of Charge Sheet Within Statutory Period Extinguishes Right—The petitioner sought default bail under Section 167(2) CrPC on the ground of incomplete investigation—However, the Narcotics Control Bureau (NCB) filed a complaint within the 180-day statutory period, and the Special Judge took cognizance of the offences—Relying on Dinesh Dalmia v. CBI, the court held that once cognizance is taken, the right to default bail ceases, even if the investigation remains ongoing—Since there was no challenge to the cognizance order and the statutory time limit was adhered to, the petitioner's right to bail under Section 167(2) CrPC was extinguished—The court dismissed the petition, allowing the petitioner to seek bail...

Criminal Procedure Code, 1973—Section 439—Bail—Dowry Death—In this case, the petitioner sought regular bail under Section 439 Cr.P.C. in connection with Crime No.200/2019 for offenses under Sections 498-A, 304-B of IPC and Sections 3, 4 of the Dowry Prohibition Act—The petitioner was accused of subjecting his wife, Asha Rani, to mental, physical, and dowry harassment, leading to her death from Hypoxic Ischemic Encephalopathy—The petitioner contended that there was no prior history of harassment and that his wife committed suicide—The Court considered the gravity of the offenses but noted no prior complaints of harassment, distinct medical opinions, and the completion of the investigation—The bail was granted, subject to conditions, including the execution of a bond and restrictions on tamper...

Criminal Procedure Code, 1973—Section 439—Bail—Attempted Murder and Assault—The petitioner, accused No. 2, sought bail under Section 439 Cr.P.C. in Crime No.120/2019, facing charges under Sections 448, 324, 307, 504, and 506 of the IPC—The incident involved an assault on the complainant and her husband by known individuals, resulting in injuries from lethal weapons—The petitioner claimed the injured had been discharged from the hospital and were out of danger, arguing that the charges did not warrant severe punishment and that no specific overt acts were attributed to him—The prosecution opposed the bail application, highlighting the seriousness of the injuries and the potential for witness intimidation—The Court, after reviewing the circumstances and considering the injuries' nature, gr...

Criminal Procedure Code, 1973—Section 439—Bail—Murder and Assault Charges—Petitioners, accused Nos. 1 and 3, sought regular bail in Crime No.35/2019 under Sections 143, 147, 148, 323, 324, 307, 504, and 302 read with Section 149 IPC—The case arose from a violent incident involving the murder of the deceased, Devappa Olekar, amidst family disputes over property—The petitioners argued that they were falsely implicated, claiming a lack of intention or motive for the alleged murder, and cited the bail granted to co-accused and counter-complainants as grounds for parity—The State opposed bail, highlighting the gravity of the charges—The Court, considering the completion of investigation, the absence of new evidence, and the petitioners' clean records, allowed bail with conditions to prevent t...

Criminal Procedure Code, 1973—Section 439—Bail—Conspiracy and Murder Charges—The petitioner, accused No. 7, sought bail in Crime No. 0150/2019 for offences under Sections 143, 144, 147, 148, 341, 302, 120-B read with Section 149 of the IPC—The prosecution alleged that the petitioner aided a conspiracy to murder Sunil Kumar, with claims that he monitored and relayed information to co-accused during the attack—The petitioner argued that his role was limited to observing and reporting from a distance, and he had been in custody since November 5, 2019—The Court noted the completion of the investigation and the lack of objections from the State, emphasizing the need to assess the petitioner’s role critically—Granting bail, the Court imposed conditions to prevent witness tampering and requir...

Criminal Procedure Code, 1973—Section 439—Bail—Murder Charges and Domestic Dispute—The petitioner, accused No. 1 in Crime No. 68/2019, sought bail for charges under Sections 504, 448, 341, and 302 read with Section 149 of the IPC—The prosecution alleged that during a quarrel at her sister's house, the petitioner, along with co-accused, assaulted the complainant’s father, resulting in his death—The defense argued that the deceased was a heart patient and died from a myocardial infarction rather than from the alleged assault—The Court noted that the investigation was complete, a charge sheet had been filed, and all co-accused had been granted bail—Considering the circumstances and the petitioner’s gender, the Court deemed it appropriate to grant bail with conditions, including ...

Criminal Procedure Code, 1973—Section 439—Bail—Attempted Murder Charges—The petitioner, accused No. 2 in Crime No. 55/2020, sought bail under Section 439 of the CrPC for attempted murder charges (Section 307 read with Section 34 of IPC)—The prosecution alleged that the petitioner and another co-accused attacked the complainant's uncle, Kumar, resulting in grievous injuries—The petitioner contended that he was falsely implicated, asserting he was in illegal custody until a habeas corpus petition prompted his production before the court—He argued that the injured had been discharged from the hospital and there was no recovery of weapons from him—The Court noted that the alleged offence was not punishable by death or life imprisonment, and the petitioner had been in custody for over two and...

Criminal Procedure Code, 1973—Section 439—Bail—Dacoity Charges—The petitioner, accused No. 7 in C.C. No. 3353/2018, sought bail under Section 439 of the CrPC for charges under Sections 399 and 402 of the IPC related to a dacoity case—The prosecution alleged that the petitioner gathered with others to commit dacoity, but he absconded and was subsequently arrested after being in judicial custody for a murder charge (S.C. No. 309/2018), from which he has since been acquitted—The Sessions and Committal Courts had previously rejected his bail application, citing the risk of absconding and tampering with witnesses—However, the court found the petitioner’s absence to be bona fide and noted that similar charges against co-accused had been dismissed—The bail was granted with conditions includin...

Criminal Procedure Code, 1973—Section 439(1)(b)—Modification of Bail Conditions—The petitioner, aged 85 and a resident of Hukkinala village, sought the removal of condition (iv) imposed during bail granted on May 5, 2020, under Section 439(1)(b) of the CrPC—This condition restricted him from leaving the jurisdiction of the trial court in Dharwad, hindering his return to his home in Yadgir District—The petitioner argued that this restriction, given his age and status as an agriculturist, was unnecessary and unjust, especially in light of the COVID-19 circumstances—The court acknowledged the principles established by the Supreme Court regarding personal liberty and the presumption of innocence, emphasizing that unnecessary restrictions on bail violate constitutional rights—Consequently, the court re...

Criminal Procedure Code, 1973—Section 439—Grant of Bail in Murder Case—The petitioner, accused No. 1 in Cr.No.179/2019, sought bail under Section 439 of the CrPC for charges of murder under Section 302 of the IPC—The prosecution alleged that the petitioner orchestrated the murder of her brother, Rajashekar, to prevent his marriage—Despite being accused of a serious crime, the case primarily relies on circumstantial evidence, with no direct witnesses or material recovery linked to the petitioner—The court noted the absence of prior criminal history and the potential for witness influence as insufficient grounds for denial of bail—Considering the petitioner’s age, lack of criminal antecedents, and the nature of the evidence, the court granted bail, imposing conditions to ensure compliance with...

Constitution of India, 1950—Article 21—The petitioner, a 38-year-old software engineer, sought bail under Section 439 of the Cr.P.C. for offenses under Sections 153A, 505, 270, and 109 of the IPC, related to inflammatory social media posts intended to promote disharmony during the COVID-19 pandemic—He argued that the principal charge under Section 153A carries a maximum sentence of three years and expressed willingness to cooperate with the investigation—The High Court, however, emphasized that the severity of the offense and potential national security implications outweigh the length of the possible sentence—The petitioner was found to have links to extremist ideologies and multiple bank accounts, raising concerns about public safety—The Court denied bail, asserting that the integrity and sovereignty ...

Penal Code, 1860 (IPC)—Section 397—The petitioner, accused No. 2, sought bail under Section 439 of the Cr.P.C. in a dacoity case (Crime No. 3/2020) where he was charged with Section 397 of the IPC—The prosecution alleged that five masked individuals assaulted the complainant’s family during a home invasion—The petitioner claimed innocence, asserting he was falsely implicated and willing to cooperate with the investigation—The High Court noted that the petitioner had been in custody since January 28, 2020, without any overt acts against him in the complaint—It highlighted the absence of evidence linking him to similar offences and concluded that further custodial interrogation was unnecessary—Consequently, the petition was granted, and the petitioner was released on bail, subject to condition...

Criminal Procedure Code, 1973—Section 439—Bail Application Dismissed for Promoting Disharmony—The petitioner, a 38-year-old software engineer, sought bail under Section 439 of the CrPC after being arrested for offenses under Sections 153A, 505, 270, and 109 IPC, relating to inflammatory social media posts during the COVID-19 pandemic—Despite the maximum punishment for the major offense being three years, the court emphasized that the nature and gravity of the alleged offenses must also be considered—The prosecution argued that the petitioner had potential links to terrorist groups, and ongoing investigations indicated he might pose a risk to public order—The court found that the petitioner’s actions could incite panic and promote hatred, prioritizing national integrity over individual liberty&mdas...

The bail petition filed by Accused No. 1 under Section 439 of the Cr.P.C. in Crime No. 54/2019 for serious offenses under IPC Sections 376AB and 506, along with provisions of the Protection of Children from Sexual Offences (POCSO) Act—The case involved allegations that the petitioner sexually assaulted two minor girls, aged 10, after luring them with sweets—The prosecution asserted that medical evidence supported the allegations of sexual assault—The petitioner claimed false implication, arguing a lack of medical proof and the absence of penetration—He also cited his wife’s terminal cancer as a reason for bail—However, the Court emphasized the heinous nature of the charges, the minor victims’ vulnerability, and the legal presumptions under POCSO, concluding that these factors outweighed the petiti...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner accused in Crime No. 71/2019, charged with serious offenses including Sections 341, 354, 324, 326, 307, and 309 of the IPC—The case involved allegations that the petitioner, a dance trainer, had been harassing the victim, Deeksha, a first-year MBA student, and ultimately stabbed her following her complaint to the police—The victim sustained severe injuries, requiring hospitalization for one month—The court noted substantial eyewitness testimony and medical evidence supporting the severity of the attack, rejecting the petitioner's claims of mutual affection and a lack of intent to harm—The court emphasized the gravity of the offense, the premeditated nature of the attack, and the ongoing risk, concluding that the case did not warrant bai...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner, accused No.8 in Crime No.1/2020 for offenses under IPC Sections 409, 420 read with 120B, and Karnataka Municipal Act Sections 431 and 441, sought regular bail under Section 439 of Cr.P.C after being in judicial custody since 23.02.2020—The bail petition was initially rejected by the City Civil and Sessions Judge—The petitioner contended his innocence, claiming false implication with minimal involvement, while the prosecution alleged substantial misappropriation involving multiple accused—The court found insufficient evidence of active collusion by the petitioner, noted the release of co-accused on bail, and acknowledged the absence of further investigative needs—Thus, the petitioner's bail was granted with stringent conditions to ensur...

Criminal Procedure Code, 1973 (CrPC)—Section 439—A bail petition filed under Section 439 of the Code of Criminal Procedure, 1973, the petitioner sought release in Crime No. 40/2020 for an alleged offense under Section 307 of the IPC—The petitioner, owner of a hotel in Bangalore, claimed to have been falsely implicated after the victim, Ravi, sustained a head injury during an altercation with unknown persons, with the petitioner attempting to intervene—The prosecution's case relied on the complaint lodged by Ravi's wife, asserting no prior enmity—The Court noted that the victim had been discharged from the hospital and deemed out of danger—Considering the circumstances and the absence of criminal antecedents against the petitioner, bail was granted with stringent conditions, including a personal ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Petitioner sought bail in Crime No. 2/2020 registered under Section 67B of the Information Technology Act, 2000 and Sections 14 and 15 of the POCSO Act—The petitioner was in judicial custody since 30.01.2020 and had no prior criminal antecedents—The prosecution opposed bail, citing the seriousness of the offenses and the potential threat posed by the petitioner—The Court, considering the facts, including the absence of interference in the investigation, granted bail subject to stringent conditions, such as executing a personal bond of Rs. 1,00,000/-, non-contact with the victim or complainant, and regular attendance before the Investigating Officer—The petitioner was also directed to undergo a medical check-up and adhere to quarantine requireme...

Dowry Prohibition Act, 1961 - Section 3—Bail—Dowry Death—Section 439 of CrPC—COVID-19 Considerations—In this case, the petitioner sought bail under Section 439 of the CrPC in connection with an offense under Sections 304B r/w 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act—The petitioner had been in judicial custody since 03.03.2020, accused of causing the dowry death of his wife—The court considered the absence of criminal antecedents, the length of time in custody, and the prevailing COVID-19 pandemic as factors in granting bail—The petitioner's prior application for bail was rejected for lack of urgency, but the court found that no prejudice would result from release on bail, subject to conditions to prevent interference with witnesses or evidence—The petitioner ...

Criminal Procedure Code, 1973—Section 439—Bail—IPC Section 306—Grant of Bail—The petitioner, accused of abetting suicide under Section 306 of the IPC, sought bail after being in judicial custody since 13.02.2020—The allegations stemmed from the suicide of the complainant's daughter, Renuka, who had left a video stating that no one was responsible for her death—However, the complainant later suspected foul play, alleging that the petitioner had blackmailed and cheated the deceased, leading to her suicide—The Court noted that the petitioner had no prior criminal record, no interference with the investigation, and considered the ongoing COVID-19 pandemic—Bail was granted with strict conditions, including a personal bond, surety, non-interference with witnesses, medical check-up, and q...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The District Judge had previously denied expedited consideration of the bail petition, stating it was not a case of extreme urgency—The petitioner contended that the offense under Section 341 of the IPC warranted only a one-month imprisonment, asserting the need for timely consideration of his bail request—The High Court emphasized the importance of addressing bail petitions expeditiously, recognizing the rights and liberty of the accused as integral to Article 21 of the Constitution—The court directed the concerned court to take up the bail petition and dispose of it within seven days, underscoring that delays in such matters are unacceptable—The prosecution was instructed to cooperate to ensure prompt resolution—The petition was ultimately dispose...

Penal Code, 1860 (IPC)—Section 420—The petitioners, accused in Crime No. 0109/2020 at Kadugondanahalli Police Station, sought bail for allegedly violating government guidelines by using fake passes for movement during the COVID-19 lockdown—The petitioners contended they were unaware of the passes being counterfeit and emphasized that only the offense under Section 420 of the IPC is non-bailable, while other charges are bailable—After 25 days in custody, the court noted that judicial custody was no longer necessary for investigation, considering there were no allegations of spreading COVID-19 against the petitioners—Weighing the nature of the allegations and the fact that all other charges were bailable, the court granted bail under Section 439 of the Cr.PC, imposing conditions such as executing personal bonds...

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS)—Section 37—The petitioner was arrested for allegedly attempting to sell 230 grams of Ganja near Orakkal Public School in Bengaluru—The court noted that the quantity seized was below the commercial threshold, making the stringent provisions of Section 37 of the NDPS Act inapplicable—Having been in judicial custody since March 24, 2020, and considering the circumstances of the case, the court found sufficient grounds to grant bail under Section 439 of the Cr.PC—The petitioner was ordered to execute a personal bond of ₹50,000, refrain from tampering with witnesses, and appear before the jurisdictional court and investigating officer as required—The court also mandated a medical examination prior to the petitioner’s release, in light of COV...

Penal Code, 1860 (IPC)—Section 120B, Section 34—The petitioner, accused No. 1, was charged with offenses including conspiracy and robbery—The allegations stemmed from an incident on August 22, 2019, where unknown assailants assaulted the complainant and stole her jewelry—While the prosecution argued that the petitioner directed the attack, she was not present during the robbery—The court noted that the petitioner had been in judicial custody since her arrest and highlighted that her co-accused had already been granted bail under similar circumstances—Considering these factors, along with the petitioner's gender and the completion of the charge sheet, the court granted bail under Section 439 of the Cr.PC, imposing conditions including a personal bond of ₹50,000, non-tampering of witnesses, and requ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner, accused No. 1, was charged with offenses including Section 376 of the IPC concerning alleged marital rape and coercion—The complainant, who is the petitioner’s wife, alleged that he forcibly took her in a car, married her without her consent, and subsequently threatened her while demanding valuables—Arrested on February 17, 2020, the petitioner remained in judicial custody—The court found that the allegations raised significant doubts regarding the validity of the marriage and the nature of consent for sexual relations, emphasizing that these issues required thorough examination during trial—Considering these factors, alongside the petitioner’s continued detention and the absence of prior bad conduct, the court granted bail und...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Previously being denied anticipatory bail for an offense punishable under Section 306 of the IPC, relating to abetment of suicide—The case arose from allegations that the petitioner, who had been in a long-term relationship with the deceased, Kavya, married another woman, Salma Banu—Following this, Kavya allegedly committed suicide, leading to the charge against the petitioner—The court noted the absence of meticulous evidence regarding the events leading to the suicide and emphasized that abetment must be proven beyond reasonable doubt at trial—Given that the petitioner had already spent over six months in jail and considering the nature of the charge, the court granted bail under specific conditions, including executing a bond and not tampering with wit...

The petitioner seeks bail under Section 167(2)(a) of the Criminal Procedure Code (Cr.P.C.), contending that a prior petition for similar relief was dismissed by the jurisdictional Court on the grounds of no urgency—However, the petitioner failed to present any supporting material for this claim—The petitioner’s counsel expressed willingness to approach the jurisdictional Court for relief under Section 167(2) of the Cr.P.C—In response, the High Court Government Pleader (HCGP) indicated that the charge sheet had been filed within the stipulated 90 days—The court decided not to delve into the merits of the case and disposed of the petition, allowing the petitioner to approach the jurisdictional Court—It directed that if such a petition is filed, the jurisdictional Court should expedite its resolution&mdash...

Penal Code, 1860 (IPC) - Section 370—The petitioner seeks bail under Section 439 of the Cr.P.C. following an order dated March 3, 2020, by the V Additional District Judge in Crl.Mis.No.15042/2020 concerning Crime No. 18/2020, registered for offenses under Section 370 of the IPC related to human trafficking—The complainant alleged that she was misled by the accused into believing she would receive employment for a stage program, only to discover the trafficking scheme—The co-accused are absconding, and no charges have been filed against another individual involved—The trial court denied bail citing concerns about potential tampering with the investigation—However, the court finds the gravity of the offense does not warrant denial of bail, emphasizing that bail is the norm and jail the exception—The petit...

Evidence Act, 1872—Section 27, Section 9—The case of bail applications filed by Petitioners/Accused No. 5 and No. 6 under Section 439 of the Cr.P.C., related to Crime No. 214/2019 for alleged offenses under IPC Sections 143, 147, 148, and 307 read with Section 149, the court evaluated the merits of the applications against the backdrop of the incident where RSS volunteer Varun was grievously injured—The Petitioners contended a lack of specific overt acts attributed to them and argued the victims’ recovery diminishes the risk posed by their release—Conversely, the State emphasized the serious nature of the charges and ongoing investigations—The court considered the absence of direct evidence linking the Petitioners to the assault, leaning towards granting bail while imposing stringent conditions to safeg...

Criminal Procedure Code, 1973 (CrPC)—Section 313, Section 439—The petitioner, facing trial for offenses under Sections 376-C, 114, 506 of IPC and Sections 5(f), (m), 6, and 8 of the POCSO Act, sought bail under Section 439 Cr.P.C—The petitioner's counsel argued that trial completion was delayed despite a court directive, and that witness testimonies did not establish a prima facie case—Additionally, the petitioner sought bail to perform the last rites for his mother—The court noted that the trial was at an advanced stage with the accused's statement under Section 313 Cr.P.C. already recorded, and the case was close to disposal—Regarding the evidence, the court held that it could not assess oral testimonies at this stage before the trial court's judgment—Finding no sufficient grounds, t...

The petitioners sought bail under Section 439 Cr.P.C. after being charged with offenses under Sections 7(a), 7(A), 13(1)(a), 13(1)(b) read with 13(2) of the Prevention of Corruption Act—The complaint alleged that while serving as Secretary and salesmen of the PKP Society at Huvinahipparagi, they collected Rs.100 per ton from farmers during the government's purchase of Tur dal—The petitioners denied the charges, stating that their names were not mentioned, and argued that the investigation was nearly complete—The High Court granted bail, noting that significant recovery had been made, and there was no risk of the petitioners interfering with the investigation—The petitioners were required to execute a bond of Rs.1,00,000 each with two sureties, mark attendance at the police station fortnightly, and not tamper wi...

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Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail Application Rejected—Prima Facie Involvement in Conspiracy and Attempted Murder—The petitioner, accused No.2 in a case arising from Crime No.245/2019 under Sections 120(B), 114, 452, and 307 r/w 34 of IPC, sought bail under Section 439 CrPC—The court rejected the petition, citing prima facie evidence of the petitioner's involvement in a conspiracy with accused No.1 to kill CW-2 by paying supari—Mistakenly, the petitioner poured petrol on CW-1 (the daughter of accused No.1) instead of CW-2 due to darkness—Evidence, including petrol purchase and a statement from CW-1 after hospitalization, further implicated the petitioner—Given the seriousness of the crime, potential threat to the victim, and public safety concerns, the court declined ...

Criminal Procedure Code, 1973 (CrPC)—Section 161, Section 439—The victim alleged that the petitioner assaulted her after rendering her unconscious with a stupefying substance in lemon juice, but the petitioner argued that her statements were inconsistent and lacked corroborating evidence, including photographs or videos—The court noted discrepancies in the victim's accounts, including her acknowledgment of consensual interactions and the absence of recent sexual assault in medical reports—Despite serious objections from the prosecution, the court found no grounds for ongoing custody, given the completion of the investigation and the charge sheet filed—The bail was granted with conditions to prevent tampering with witnesses and requiring regular appearances before the Investigating Officer—The petiti...

The petitioner-accused No. 1 filed for regular bail under Section 439 of the Cr.P.C. in connection with Crime No. 28/2021 registered by Jagalur Police Station for offenses under Sections 376 and 506 read with Section 34 of the IPC—The prosecution's case stemmed from the victim's complaint alleging that the accused had sexual relations with her under the promise of marriage, but later refused to marry her, prompting the complaint—The petitioner claimed innocence, arguing that their relationship was consensual and highlighting the delay in filing the complaint—The court observed that the victim, aged 26, had engaged in a consensual relationship for nearly two years and found no immediate prejudice to the prosecution's case if bail were granted, subject to specific conditions—Consequently, bail was granted...

The petitioner, aggrieved by the rejection of his bail plea in Crl. Misc. 36/2020, sought relief under Section 439 of the Cr.P.C. for offenses under Sections 306, 504, 506, and 201 of the IPC following the suicide of Mahesh D'Souza, a priest—The prosecution alleged that the petitioner threatened the deceased over an alleged illicit relationship with the petitioner’s wife, leading to the deceased’s suicide—The petitioner contended that the allegations were politically motivated and emphasized his long-standing public service as the Panchayat President, arguing he posed no flight risk—The court noted the absence of serious allegations against the petitioner, the delay in the registration of the complaint, and the non-capital nature of the offenses—Ultimately, the court granted bail, requiring the peti...

This petition seeks bail for accused Nos. 1 and 2 in Crime No. 18/2020 under Sections 379 of the IPC, Sections 41D and 102 of the Cr.P.C., and Sections 86 and 87 of the Karnataka Forest Act—The petitioners were apprehended while allegedly transporting 51 kg of sandalwood after attempting to evade police interception—The petitioners claimed innocence, asserting that they are permanent residents with family responsibilities and that the alleged offences do not carry life sentences—The State opposed bail, citing ongoing investigations and potential flight risk—After reviewing the evidence, the court noted that the involvement of the petitioners in the offence would be determined at trial—Balancing the interests of justice, the court granted bail with stringent conditions, including a personal bond of Rs. 2,00,00...

Penal Code, 1860 (IPC)—Sections 419, 420, 467, 468 and 471—appellant is accused of selling a single flat to two individuals, prolonged detention is unnecessary. Charges have been formally filed, and the appellant has been detained for over a year and three months. As a result, the appellant should be granted bail upon providing a personal bond of Rs 50,000 along with a reliable surety of the same amount, subject to trial court approval and conditions. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner-accused sought regular bail for his arrest in Crime No. 186/2019 for the murder of Sadashiv under Section 302 of the IPC—The prosecution's case was based on circumstantial evidence, including the accused's previous enmity with the deceased, who was allegedly involved in the murder of the accused's brother—Despite the seriousness of the charges, the court noted a lack of direct evidence linking the petitioner to the crime, and the forensic report was still pending—Given these circumstances and the petitioner’s six-month judicial custody, the court granted bail, imposing stringent conditions including a personal bond of ₹2,00,000, restrictions on leaving jurisdiction, and regular attendance before the Investigating Officer&mdash...

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...

This is a successive bail petition filed by the petitioner, Accused No. 1, under Section 439 of the Cr.P.C. in Crime No. 81/2018, charged with offences under Sections 323, 498-A, and 302 read with Section 34 of the IPC—The petitioner has been in judicial custody since arrest—The allegations involve the petitioner’s wife, Shobha, who allegedly died due to injuries inflicted by the accused, leading to charges being initially registered under Section 306 and later under Section 302 IPC—Previous bail applications were rejected, but the petitioner sought bail based on changed circumstances and the absence of trial commencement—The court found that while the evidence is substantial, it does not justify denying bail, especially since co-accused have been granted bail—The petition was granted with conditions, e...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Regular bail—Rejection—Indian Penal Code, 1860 (IPC)—Sections 143, 144, 147, 148, 341, 302, 120-B, 427 read with Section 149—Accused involved in a double murder case—Eyewitness identification—Petitioners sought bail contending discrepancies in remand applications and questioned the validity of identification by witnesses in the police station—The Court observed that the eyewitnesses' statements were recorded the day after the incident, and while the remand application did not specifically list the eyewitnesses, it mentioned their statements—Further, the identification in the police station is material for trial, though final identification will occur in court—Given the evidence and eyewitness testimony, the grounds raised...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—POCSO Act, 2012—Sections 4, 6, 12—Indian Penal Code, 1860 (IPC)—Sections 363, 376—Bail granted to accused charged under POCSO and IPC—Consent and voluntary elopement—In a case where the petitioner was charged under IPC Sections 363, 376 and POCSO Act Sections 4, 6, 12, the court considered that the victim, aged over 17 years, had voluntarily eloped with the petitioner with the intent to marry—The victim's voluntary statement indicated no force or coercion, and medical reports did not show signs of sexual assault—The petitioner, aged 20, had no prior criminal history—The court granted bail, observing that continued detention was not advisable given the circumstances, while imposing strict conditions to ensure co...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner, accused No. 2, sought bail in Crime No.140/2018, charged under Sections 302, 201, and 120(B) read with Section 34 of the IPC for the murder of the deceased—The prosecution alleged that accused No. 1 (the deceased's wife) and accused No. 2 developed an illicit relationship, leading to a conspiracy to murder the deceased—The trial court rejected the bail plea, noting sufficient circumstantial evidence, including telephonic conversations and witness statements from the deceased’s children, implicating accused No. 2 in the crime—The petitioner argued lack of direct evidence, but the court emphasized that this was a premeditated crime punishable by death or life imprisonment, distinguishing it from the bail granted to accused No. 3, who was...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—POCSO Act, 2012—The petitioner sought bail in a case under IPC Sections 363, 354(A), 354(D), 376, 504, 506 read with 34, and POCSO Act Sections 4, 6, 8, and 12—The prosecution alleged that the petitioner kidnapped a minor and committed forcible sexual acts—The defense argued that the victim voluntarily accompanied the petitioner and consented to sexual activity, as stated in her Section 164 statement before the Magistrate—Although consent by a minor is legally invalid, the court found no forcible act of rape or kidnapping in the victim's testimony—The petitioner was unaware of her minority—Given the lack of injuries in the medical report and absence of a complaint by the victim, the court allowed bail with stringent conditions, ...

Criminal Procedure Code, 1973 (CrPC)—Sections 438 and 439—Bail—Explosive Substances Act, 1908—Sections 3, 4, 5, and 6—In two petitions, accused sought bail concerning the illegal transportation of explosives without proper documentation—The prosecution alleged that a Bolero vehicle carrying nitrate mixture and detonators was seized during a police raid—The accused argued they possessed valid licenses and permits for transporting the explosives, presenting documents such as a license in Form LE-3 and a Shot Firer's Certificate in Form LE-10—The court noted that while the documents appeared genuine, the legality of the transport and compliance with Explosives Rules, 2008, needed further investigation—Granting bail, the court imposed conditions, including personal bonds of Rs. 1,00,00...

Criminal Procedure Code, 1973 (CrPC)—Bail—Indian Penal Code (IPC)—Sections 302, 452, 504, 506, 109, 120-B, r/w Section 34—SC/ST (Prevention of Atrocities) Act, 1989—Sections 3(1)(s), 3(2)(v)—Denial of Bail—The petitioner sought bail after being charged with murder and other serious offenses under IPC and the SC/ST (Prevention of Atrocities) Act—The prosecution alleged that the petitioner and others assaulted the deceased with swords following a prior altercation—The trial court rejected the bail, citing strong allegations, the severity of the crime punishable by life imprisonment or death, the presence of eyewitnesses, and concerns over tampering with evidence—The High Court concurred, finding that the petitioner’s involvement could not be discounted and that releasing him ...

The petitioner sought regular bail under Section 439 of the Code of Criminal Procedure, 1973, in Crime No. 221/2017 for offences under IPC Sections 399 (preparation for dacoity) and 402 (punishment for dacoity)—The police inspector's complaint detailed an incident on 09.08.2017, where the police, acting on credible information, apprehended three individuals allegedly preparing to commit dacoity near a bus stand, while two others, including the petitioner, escaped—The petitioner remained absconded until November 2019, raising concerns about his availability for trial—The court noted the serious nature of the charges, the materials recovered from co-accused, and the difficulties in securing the petitioner’s presence—Given the circumstances and the gravity of the offences, the bail petition was dismissed, em...

The petitioner sought regular bail under Section 439 of the Code of Criminal Procedure, 1973, for alleged offences under Sections 302 and 201 of the IPC—The charge against the petitioner involves the murder of the deceased, Sidharoodh, purportedly over a loan dispute—The prosecution presented two eyewitnesses who claimed to have witnessed the crime, alongside recoveries of incriminating evidence, including the murder weapon and the deceased's cell phone, at the accused's instance—The court highlighted the significance of the eyewitness accounts and the forensic evidence linking the accused to the crime—Despite the petitioner’s arguments regarding the recoveries, the court deemed that the severity of the charges and the evidence presented warranted the rejection of the bail application, emphasizing the...

Criminal Procedure Code, 1973—Section 439—Bail—Material witnesses turned hostile—Petitioner's continued detention unjustified. In Spl.S.C.No.11/2019, the petitioner sought bail after his application was rejected by the trial court in a case involving charges under Sections 376, 342, and others of IPC, and the POCSO Act—The prosecution alleged the kidnapping and sexual assault of a minor—The petitioner had been in judicial custody since 06.11.2018—The trial court rejected bail due to concerns of tampering and absconding—On appeal, the High Court noted that key witnesses, including the victim and her mother, did not support the prosecution's claim of forcible acts—Evidence suggested the victim and petitioner eloped consensually, and witnesses had turned hostile—Given t...

Penal Code, 1860 (IPC)—Sections 302 and 304—Criminal Procedure Code, 1973 (CrPC)—Section 313—Evidence Act, 1872—Section 154—Trial Court acquitted the accused, later reversed by the High Court. When the Trial Court's reasonable view is taken, Appellate Court interference requires strong reasons. Witness testimonies raised doubts due to inconsistencies, and failure to declare a witness hostile weakened the case. As the evidence doesn't prove guilt beyond doubt, the Trial Court's acquittal stands. The Appeal is allowed. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—The petitioner, accused No. 1, sought bail in connection with Crime No. 110/2019 for alleged offences under Sections 307, 326, and 504 read with 34 of the IPC—The prosecution claimed the petitioner assaulted her husband, arising from a matrimonial dispute and an illicit relationship involving another accused—Initially denied bail due to the seriousness of the charges and the victim's status as an eyewitness, the situation changed after the charge sheet was filed and the victim was discharged, indicating the injuries were not as grievous as alleged—The High Court found no further purpose in the accused remaining in custody, considering the completed investigation—Consequently, bail was granted with stringent conditions, including a personal bond, regul...

The petitioner sought regular bail under Section 439 of the Code of Criminal Procedure in Crime No. 105/2019, charged with IPC Sections 302 and 504 for allegedly murdering his grandmother over a financial dispute. The prosecution's case included eyewitness accounts of the incident, where the petitioner reportedly inflicted multiple knife wounds on the victim in broad daylight. The petitioner argued that the 48-hour delay in recording witness statements raised doubts about the prosecution's case, and emphasized his young age and prolonged detention since the incident. However, the High Court Government Pleader highlighted that the petitioner was apprehended at the scene with the murder weapon, and that the postmortem corroborated the prosecution’s claims. The Court determined that the heinous nature of the crime and the evide...

Criminal Procedure Code, 1973—Section 439—Bail—Assault—IPC Sections 326, 323, 143, 307 r/w 149—In this case, the petitioners sought bail under Section 439 of CrPC for offenses under IPC Sections 326, 323, 143, 147, 148, 341, and 307 r/w 149, following an assault on the complainant on 01.11.2019—The petitioners were identified through CCTV footage and remanded to custody—The Sessions Judge previously rejected their bail plea, citing the severity of the charges—However, the High Court noted that the complainant received only outpatient treatment, indicating the injuries were not life-threatening, and no medico-legal case was filed—With the investigation complete, the Court granted bail, finding the Sessions Judge's assessment of the case incorrect—Bail was allowed on conditions...

Criminal Procedure Code, 1973—Section 439—Bail—Kidnapping, Extortion—IPC Sections 364A, 394, 323, 504, 506 r/w 149—The petitioners sought bail under Section 439 of CrPC in connection with Crime No.185/2019 registered for offenses including kidnapping, extortion, and assault under IPC Sections 364A, 394, 323, 504, 506 r/w 149—The complainant had initially alleged that the accused kidnapped him, demanded Rs.11,00,000, and stole gold ornaments—However, in a subsequent statement, the complainant retracted these allegations, admitting he found the money in his trouser pocket and had left the gold ornaments at home—The Sessions Court previously denied bail based on prima facie material, but the further statement retracting key allegations was not presented—Given the retraction, the advanced ...

Criminal Procedure Code, 1973—Section 439—Bail—Foreigners Act, 1946—Citizenship Act, 1955—Fabrication of Documents—The petitioner, a Bangladeshi national accused of fabricating Indian identity documents (PAN Card, Aadhar Card, Passport), sought regular bail under Section 439 of Cr.P.C—The case was registered under Sections 465, 471, 468 of IPC, Sections 5, 12, and 14 of the Foreigners Act, 1946, and Section 3(1)(c) of the Citizenship Act, 1955—She claimed to have lawfully obtained the documents after residing in India since 2002—The court, citing the Citizenship (Amendment) Act, 2019, observed that the petitioner, being of Christian faith and having entered India before 31st December 2014, may not be treated as an illegal migrant—Since the allegations required trial for determina...

Penal Code, 1860 (IPC)—Section 384—In two bail petitions filed under Section 439 of Cr.P.C., the Karnataka High Court granted bail to the petitioners (accused Nos. 4 and 5) in Crime No. 153/2019 of Market P.S., Belagavi—The case was registered under Sections 384 and 395 of IPC, where the complainant alleged blackmail and extortion using compromising photographs—The petitioners contended that the main allegations were against accused Nos. 1 to 3, who had already been granted bail—The Court noted that similarly placed co-accused (Nos. 1 to 3, 6, and 7) had been enlarged on bail—The Court held that, for parity, the petitioners should also be granted bail with conditions, including executing personal bonds, cooperating with the investigation, appearing before the court, and not tampering with witnesses. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Bail—Abetment to Suicide—Section 306 IPC—In a petition under Section 439 CrPC, the petitioner sought bail for alleged offenses under Sections 323 and 306 of IPC—The prosecution alleged that the petitioner, having an illicit relationship with the deceased, verbally abused her and told her to "go and die," leading to her suicide—The petitioner argued that mere utterance of these words without any mens rea does not constitute abetment to suicide under Section 306 IPC—Citing the Supreme Court ruling in Sanju @ Sanjay Singh Senger v. State of M.P., the court held that words uttered in a fit of anger, without intent to instigate suicide, do not amount to abetment—As the charge sheet had been filed and investigation was complete, the ...

Penal Code, 1860 (IPC)—Section 307, Section 324—Bail Petition—Grant of Bail—Petitioner Standing on Same Footing as Co-Accused Released on Bail—The petitioner, accused of offenses under Sections 307, 324, 504, 506 read with Section 34 of IPC, filed for bail after his earlier application was rejected by the trial court—The prosecution alleged that the petitioner and co-accused assaulted the complainant's brother during a quarrel—The petitioner's counsel argued that co-accused No. 2 had already been granted bail, and the petitioner, aged 23 and the sole breadwinner, stood on similar footing—Opposing the bail, the prosecution cited the risk of tampering with witnesses—The court observed that the petitioner did not possess any dangerous weapon, the injuries caused were minor, and th...

Penal Code, 1860 (IPC)—Section 307, Section 504—The petitioner challenged the rejection of his bail application by the Principal Sessions Judge, Belagavi, for offenses under Sections 307, 504, and 506 of the IPC—The prosecution alleged that the petitioner attacked the complainant and his relative with a knife following an argument—The petitioner contended that he was falsely implicated and that the injuries did not warrant the application of Section 307, as they were not life-threatening—The court found that the incident occurred in the heat of the moment, lacking the requisite intention, preparation, and motive for the alleged offenses—Noting the petitioner’s pre-trial detention since November 22, 2019, and the Supreme Court's stance on bail being the norm and jail the exception, the court gr...

Bail—Attempt to Commit Rape—Sections 376, 511 IPC and POCSO Act—The petitioner sought regular bail under Section 439 of the CrPC in a case involving allegations of attempted rape on a minor girl under Sections 341, 323, 354(A), 506, 376, 511 IPC, and Sections 10, 4, and 18 of the POCSO Act—The prosecution claimed the petitioner attempted to rape an eight-year-old girl but was interrupted by a witness—The petitioner argued that the case was fabricated and highlighted discrepancies in evidence, including a lack of medical support and conflicting witness statements—The court noted that the investigation was complete, the accused had been in custody since his arrest, and the seriousness of the charges required trial proceedings—However, the court found that the accused could be granted bail with condi...

Criminal Procedure Code, 1973 (CrPC) - Section 161 Protection of Children From Sexual Offences Act, 2012 - Section 11, Section 11(II), Section 12...

Penal Code, 1860—Section 120B, Section 420, Section 467, Section 468, Section 471—In a case involving conspiracy to prepare forged revenue documents used for securing bail, the appellant, who is 66 years old and has been in jail since 19.08.2017 with only one witness examined, sought bail—The High Court had denied bail—Given the appellant’s age and prolonged detention, the Supreme Court found a case for bail—Consequently, the High Court’s order was set aside, and the appellant was granted bail subject to terms and conditions set by the trial court. ...

Arms Act, 1959—Sections 25(1)(b) and 26—Application for bail—The High Court granted bail but included an unjustified condition for a nine-month deferment of release—The Supreme Court set aside this condition and ordered the appellant's release on bail, accepting the other terms and conditions set by the High Court—The appeal was thus disposed of. ...

Bail—Appeals have been pending since 2007, and they have been in custody since 2005—The State mentioned other cases involving the appellants—One co-accused was granted bail—The Court ordered the appellants' release on bail during the appeal's pendency, subject to trial court conditions and without detention in any other case. ...

Arms Act, 1959—Section 25(1)(b), Section 27—Evidence Act, 1872—Section 27—Explosive Substances Act, 1908—Section 3, Section 4—Penal Code, 1860 (IPC)—Section 120B, Section 302, Section 307—State of Orissa and the defacto informant appealed against a High Court order granting bail to the respondent, who was accused of involvement in a murder case—The prosecution alleged that the respondent was the mastermind behind the murder due to business rivalry—The Court found that there was sufficient prima facie evidence against the respondent, including his attempt to flee the country, potential witness intimidation, and criminal antecedents—Therefore, the High Court's bail order was set aside, and the respondent was ordered to be taken into custody. ...

Penal Code, 1860 (IPC)—Section 302, 201, and Section 34—The accused appellant, charged with offenses under  has been granted bail after nearly three and a half years in custody. ...

Customs Act, 1962 - Section 135—appellant, held for over 26 months under Section 135 of the Customs Act, 1962, with a maximum seven-year punishment, was granted bail—The co-accused had already been granted bail—The court considered these factors and ordered the appellant's release on bail, subject to conditions to be determined by the Special Chief Judicial Magistrate, Meerut, setting aside the High Court's order. ...

Appellant's request for bail has been denied due to the seriousness of the alleged offenses under the Indian Penal Code and the Prevention of Corruption Act, which carry a maximum punishment of ten years—Large sums of cash amounting to INR 1,62,97,500 were recovered from the appellant's office, who held the position of Manager in Nagrik Apurti Nigam at the time—The court has directed the trial court to expedite the proceedings and complete the trial within one year; if not, the accused may reapply for bail. ...

Criminal Procedure Code, 1973 (CrPC) - Section 439(2)—Penal Code, 1860 (IPC) - Section 34, Section 376, Section 509—Petitioners were granted bail for a Section 509 IPC offense by an Additional Sessions Judge, Pune—Subsequently, they were re-arrested for a Section 376 IPC offense, prompting them to file a writ petition which was dismissed—The Supreme Court has ordered the petitioners' release on bail under the same conditions as the previous order and allowed the state to apply for bail cancellation if necessary. ...

Indian Penal Code, 1860, Sections 498A, 302 and 120B—Case under— Bail Grant of, by High Court—Legality of—Charge of serious offence by itself cannot be the ground to out rightly deny the benefit of bail, if there are other overwhelming circumstances justifying grant of bail—High Court having taken into consideration relevant factors while granting the bail—Order granting bail being also a speaking order with reasons that need to be given in brief while deciding as to whether the under trial is entitled to bail or not—Reasons given by the High Court to grant bail to not to be termed as perverse.  (Paras – 13, 14, 15) ...

Criminal Procedure Code, 1973—Sections 436, 436-A and 439—Constitution of India—Article 21—onsiderations should include whether the accused was apprehended during investigations when tampering with evidence or witness influence might occur.—The judge must also weigh whether the accused is a first-time offender, their previous accusations, nature of prior offenses, and their overall conduct.—The financial status of the accused, especially if indigent, holds great importance.—A compassionate approach is crucial when deciding on police or judicial custody.—Regarding bail conditions, they should not be excessively stringent, rendering bail unattainable.—In this case, the appellant lacks a questionable history, showing no involvement in unlawful activities.—There's no fear of absc...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 120B, Section 188, Section 406, Section 409, Section 420, Section 468, Section 471—Prevention of Money—Laundering Act, 2002—Section 3, Section 4, Section 45—That the appellant failed to explain the source of these funds, and the possession of such funds raised suspicions of money laundering—Court upheld the decisions of the Sessions Court and the High Court to deny bail to the appellant—However, it urged the Trial Court to expedite the trial proceedings, clarifying that its observations regarding bail should not influence the trial's outcome. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 34—Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989—Section 3(2)(iv), Section 3(v)—Granted bail due to the delay in the appeal hearing and other considerations—Release is subject to conditions imposed by the Additional Sessions Judge, Beed, in connection with Sessions Case No. 188 of 2012—High Court's order has been set aside accordingly. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Against him is based on circumstantial evidence, and he has already spent fifteen months in custody—Court ordered his release on bail with certain conditions to ensure his attendance at trial, setting aside the High Court's decision to deny bail. ...

Arms Act, 1959—Section 25—Penal Code, 1860 (IPC)—Section 147, Section 148, Section 149, Section 307, Section 326, Section 504, Section 506—Incident in question occurred during a trip, and the police have filed a final report indicating it was a spontaneous event—Co-accused has already been granted bail—Appellant is released on bail upon execution of a personal bond of Rs. 25,000 with two sureties, with the trial judge authorized to impose necessary conditions for attendance at trial—High Court's order is set aside, and the appeal is allowed. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439, Section 482—Penal Code, 1860 (IPC)—Section 498A—Considered the misuse of this provision and its impact on innocent family members, often leading to arrests without sufficient evidence—Court issued a set of directions, including the formation of Family Welfare Committees to review complaints, restrictions on arrests, and the possibility of settlements—These directions aim to prevent the abuse of Section 498A and protect the rights of all parties involved—Court also called for a review of these directions after six months. ...

Criminal Procedure Code, 1973 (CrPC)—Section 439—Penal Code, 1860 (IPC)—Section 120B, Section 420, Section 465, Section 468, Section 471—Appeal arises from a case in Bihar where the accused, the Principal of Vishnu Rai College, was implicated in the "Bihar Toppers Scam," involving fraudulent practices in the Intermediate Examination—High Court had granted conditional bail to the accused, leading to the State of Bihar appealing the decision—Supreme Court observed that the charges were serious, the accused was allegedly the mastermind, and the case could jeopardize the state's education system—Court set aside the High Court's bail order, citing the gravity of the offense and potential interference with further investigation. ...