Anticipatory Bail – Sections 177, 420, 506, 120B of the IPC - Section 67 of the Information Technology Act - Criminal Antecedents Disclosed in Second Petition – Maintainability – Petitioner, who had earlier withdrawn the bail petition for non-disclosure of criminal record, re-approached the Court with full disclosure – Held: Petition was maintainable and considered on merit...
Criminal Law - Bail Cancellation – Misuse of Liberty – Grounds Justified – Bail Cancelled – Petitioner sought cancellation of bail granted to private respondents in FIR No. 183 of 2016 for offences under Sections 307, 326, 323 IPC etc. – Respondents allegedly committed fresh offences post-bail including trespass and physical assault on the complainant and his family &...
NDPS Act – Bail – Commercial Quantity and Twin Conditions under Section 37 – Bail Denied – Petitioners sought bail in FIR No. 72 of 2020 involving recovery of over 3 crore intoxicant tablets and capsules – Allegations of operating a multi-state drug network involving illicit manufacture, supply, and sale of psychotropic substances – Court held: Despite prolonged...
Anticipatory Bail - NDPS Act – Commercial Quantity – Rigours of Section 37 Applicable – Bail Denied - The petitioner was named in an FIR relating to the transportation of 4.36 kg of charas and was alleged to have fled from the spot with a co-accused – Held: Quantity recovered being commercial, stringent conditions under Section 37 applied – Prima facie involvement of ...
Anticipatory Bail – Prevention of Corruption Act, 1988 - Demand and Acceptance of Bribe by Public Servant – Bail Denied - The petitioner, a Junior Engineer, was accused of demanding ₹1000/- for signing a routine electric connection transfer – Audio recording of the demand and acceptance was submitted – Court held that prima facie the allegations were serious and warranted...
Criminal Law – Bail – Murder - Prolonged Incarceration of Undertrial – Bail Granted – The applicant was arrested in October 2018 for allegedly murdering his younger brother – Despite more than 6 years of custody, trial had not progressed beyond listing of witnesses – The Court emphasized the right to speedy trial under Article 21 and observed that delay caused b...
Criminal Law – Bail – Cheating and Forgery - Delay in Lodging FIR – Allegation of Counterblast – Bail Granted - FIR lodged after six years of alleged incident involving demand and acceptance of ₹15,00,000 for teaching job, and later denial of employment – Applicant contended FIR was retaliatory, following applicant’s FIR against informant’s relatives for...
Criminal Law – Bail – NDPS Act and UAPA – Bail Denied – Appellant accused of coordinating smuggling of Afghan-origin heroin via fictitious firm – Despite absence of contraband recovery from the appellant’s consignment, evidence of meetings, proxy control of firm, and documentary manipulation established prima facie complicity – Court held that the cumulati...
Bail - Dowry Death – Section 304B IPC – Prima Facie Ingredients Not Met – Bail Granted – Allegation that the applicant demanded car EMI payments from the deceased’s family not corroborated by contemporaneous evidence – EMI payments found to have been made by the applicant himself – No credible evidence of cruelty “soon before death” in connecti...
NDPS Act – Section 29 Conspiracy – Aggregation of Quantities – Bail Denied – Although the individual quantity of Ganja recovered from the petitioner was only 1.990 kg (below commercial quantity), bail was denied due to prima facie evidence of conspiracy involving multiple accused jointly transporting 27.7 kg of Ganja – CDRs showed frequent communication between petiti...