Bail Application – NDPS Act – Long Incarceration – Section 439 Cr.P.C – Sections 18, 21, 25, and 29 of NDPS Act – Petition filed seeking regular bail citing prolonged incarceration (over 2.5 years) and non-compliance with procedural requirements in the investigation – Held: Restrictions under Section 37 of the NDPS Act are outweighed by the right to a speedy tri...
Bail Application – Long Incarceration and Trial Progress – Regular Bail Granted – Appellant had been in custody for over 14 months and trial proceedings were nearing completion, with only three witnesses yet to be examined – Victim (PW-1) turned hostile during deposition, reducing the likelihood of conviction – Supreme Court observed that continued incarceration was u...
Bail Application – Conditions for Granting Bail to Foreign Nationals – The petitioner, a foreign national facing charges under Section 14 of the Foreigners Act and Section 174-A IPC, was granted regular bail. The Court imposed conditions including a personal bond of ₹50,000, surrendering her passport, and restrictions on leaving the Delhi NCR without permission. The petitioner was de...
Anticipatory Bail – Imposition of Maintenance Condition – High Court Exceeded Jurisdiction – Condition Set Aside – Held: Bail conditions under Section 438 CrPC should ensure that the accused does not abscond or evade trial – Imposing a condition to pay maintenance is irrelevant to the bail process and is beyond the scope of the court's power – Reference made...
Bail in NDPS Cases – Possession of Commercial Quantity – Section 37 NDPS Act – Rigorous Conditions for Bail – Applicant was accused of possessing 220 grams of Mephedrone (MD), a quantity far exceeding the commercial threshold – Section 37 of the NDPS Act imposes stringent conditions for bail, requiring the court’s satisfaction that the accused is not guilty and ...
Criminal Law – Bail in Economic Offences – Forgery and Cheating – Prima Facie Case – FIR registered against the accused for furnishing forged bank guarantees (BGs) and misappropriating goods worth ₹3.06 crores supplied on credit – Chargesheet alleged that the Applicant, as Managing Director, supervised the furnishing of the forged BGs – High Court held: Eviden...
Default Bail – Period of Custody – Right Extinguished upon Filing of Challan – Petition Dismissed – The petitioner contended entitlement to default bail under Section 167(2) CrPC, asserting that the applicable period for filing the challan was 60 days as per Part-I of Section 307 IPC. The court found that at the time of filing for default bail, Part-II of Section 307 IPC, w...
Bail in UAPA Cases – Long Incarceration and Delay in Trial – Section 43(D)(5) of UAPA – The appellant has been incarcerated for over 11 years and faces charges primarily under Sections 17 and 18 of UAPA, with allegations of providing funds to an individual involved in terror activities – Supreme Court precedent in K.A. Najeeb permits Constitutional Courts to harmonize statu...
Anticipatory Bail – Public Servant Accused of Corruption – Petitioner, a Regional Transport Officer, was accused of illegal cancellation of registration certificates (R.C.) of vehicles and unauthorized concessions on taxes, causing a financial loss to the State – Held: The nature of evidence (mostly documentary) and the petitioner's position as a public servant do not necessi...
Criminal Law – Bail Application – Prima Facie Case – Grant of Bail
Petitioner accused of sexually harassing the de facto complainant during a public event and making sexually colored remarks on social media – Prosecution argued that petitioner’s comments and actions amount to body shaming and sexual harassment – Court observed that the allegations prima facie...