Criminal Law - Bail – Custodial Period Considered – Serious Charges under IPC and IT Act – Bail Granted - Petitioner in custody since 05.03.2024 in relation to offences under IPC, IT Act, and Public Examination Act – Supreme Court considered prolonged custody and allowed bail with conditions – Trial Court directed to impose appropriate terms [Paras 2–4].
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Criminal Law - Bail Application – NDPS Act – Section 37 Bar – Stringent Compliance Required – Petitioner accused of active involvement in organized narcotic syndicate – Court emphasized strict application of twin conditions under Section 37 for grant of bail – Reasonable belief of innocence not established [Paras 23-28].
Role of Intercepted Calls an...
Bail Application – Allegations of Sexual Assault by Guardian – Bail Granted – The applicant, a practising advocate and guardian of the alleged victims, was accused under Sections 376, 354, and 506 IPC based on an FIR lodged after a year’s delay – Victims were his daughter and niece, both minors at the time – Court noted inconsistencies in victim statements, no f...
NDPS Case – Grant of Bail – Recovery of Phensedyl Syrup – Bail Granted – Appellants were arrested in connection with a case under Sections 21(c), 27A, and 29 of the NDPS Act – They had been in custody since 22.04.2024 with no prior NDPS-related criminal antecedents – Supreme Court noted the delay in trial, with not even one of eleven witnesses examined – H...
Criminal Law - PMLA Offence – Bail – Predicate Offence Bail Granted – Relaxation of Section 45 PMLA – Bail Allowed – The appellant, a headmaster, was accused of conspiring to leak the question paper of a competitive government examination and was arrested along with 36 candidates found with the leaked paper – The Enforcement Directorate registered a separate ECI...
Bail - Prevention of Corruption Act – Demand for Bribe – Prima Facie Allegations Based on Trap and DVR Evidence – Bail Granted – Petitioner alleged to have demanded and partially accepted bribe to help fabricate documents in a drug case – Trap failed as petitioner fled the spot, destroyed DVR, and allegedly threatened complainant – Court held that gravity of off...
NDPS Act – Bail – Commercial Quantity Not Involved – Bail Granted - Applicant Palwinder Kaur was arrested based on alleged monetary transactions linked to narcotics trafficking network – Court noted that the contraband recovered did not qualify as “commercial quantity” – Held: Rigors of Section 37 of NDPS Act not attracted – Bail granted with conditi...
Criminal Law - Anticipatory Bail – Section 108, 316(3), 318(4), and Section 69 of the BNS - Abetment of Suicide – Prima Facie Evidence of Instigation – Bail Denied – Petitioner, an officer of the Intelligence Bureau, was in a prolonged relationship with the deceased and is alleged to have emotionally manipulated, financially exploited, and instigated her suicide – Inv...
NDPS Act – Bail – Commercial Quantity – Twin Conditions under Section 37 Not Satisfied – Bail Rejected – Petitioners sought regular bail under Section 439 CrPC in a large-scale NDPS case involving over 3 crore intoxicant tablets, capsules, drug money, and vehicles – Court held that the bar under Section 37 NDPS Act applies and petitioners failed to meet twin con...
Criminal Law - Bail – Murder - Section 302, 307, 120B, 109 of the IPC - Delay in Trial – Parity with Co-Accused – Bail Granted – The Petitioner, accused of shooting and killing one individual and attempting to murder another as part of a criminal conspiracy, had been in custody since 27.10.2018 – While a weapon allegedly used in the crime was recovered from the Petiti...