Anticipatory Bail – Sections 318(4), 316(2), 61(1) of the Bharatiya Nagarik Suraksha Sanhita (BNS) - Economic Offence – Prima Facie Conspiracy to Defraud – Bail Denied – Applicant accused of conspiring with two others to induce ₹82 lakhs from a restaurateur under pretense of bribing BMC officials for title transfer—Held: Prima facie material including WhatsApp chats...
Criminal Law – Regular Bail - Foreign National – Allegation of Illegal Entry – Confession to Police – Accused arrested on suspicion of being a Bangladeshi national without valid documents—Prosecution relied on alleged oral confession—Held: Confession before police inadmissible; prosecution case based only on alleged statement unsupported by valid documentary pro...
Bail Petition – Violation of Right to be Informed of Grounds of Arrest – Non-Compliance with Article 22(1) – Bail Granted – The petitioner challenged his custody citing violation of constitutional and statutory rights at the time of arrest – The Court found that the grounds of arrest were not communicated in writing as mandated under Article 22(1) and recent Supreme C...
Criminal Law - Anticipatory Bail – Conflicting Versions by Minor – FIR Under Section 376 IPC and Section 6 POCSO Act – Petitioner not named in initial FIR, which alleged rape by victim’s father—Later statement changed accusation to petitioner, a neighbourhood barber—Held: Considering conflicting versions of the victim and that petitioner joined investigation, cu...
Anticipatory Bail – Sections 318(4), 319(2), 336(2), 336(3), 338, 340(2), 61(2) of the BNS - Fraudulent Sale Deed – NRI Property – Active Complicity Alleged – Petitioners sought anticipatory bail in a case involving impersonation and fraudulent execution of sale deed of NRI-owned land—High Court found petitioners actively facilitated fraud by verifying identity ...
Criminal Procedure – Bail Reform – Monitoring Compliance with Satender Kumar Antil Guidelines – Comprehensive Review and Fresh Directions Issued – Supreme Court examines detailed compliance affidavits submitted by States, UTs, High Courts, CBI, and NALSA – Accepts Amicus Curiae’s report dated 10.02.2024 highlighting inconsistencies and lapses – Issues fres...
Bail Jurisprudence – Right to Liberty – Presumption of Innocence – Reinforced – The Court underscored that liberty is a constitutional right and detention is an exception – Courts must treat “bail as the rule and jail as the exception” – Arbitrary denial of bail due to systemic delays or financial inability to meet bail conditions was found to be vio...
Bail - Sections 21-C, 25, 27-A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - NDPS Act - Grounds of Arrest – Non-supply of Written Grounds – Arrest Held Illegal – Despite police contention, petitioner was not served written grounds of arrest as mandated under Article 22 of the Constitution and Section 47 BNSS – Court relied on Pankaj Bansal, Prabir Pu...
Criminal Law - Anticipatory Bail – Sections 305 and 317(2) of the Bharatiya Nyaya Sanhita, 2023 BNS - Alleged Police Bias and Coercion – Bail Granted – Petitioner alleged wrongful implication by police under influence of complainant – FIR originally registered under Section 303 BNS later modified – Court observed misuse of investigation powers and harassment of unrela...
Anticipatory Bail – Misleading Advertisement – Health Hazards – Bail Denied – Petitioner marketed a hair oil as a remedy for baldness via social media and held a public camp promoting its use – 71 individuals suffered severe eye irritation and swelling, prompting hospitalization – Held: Promoting unverified products with health risks, without clinical testing, e...