Juvenile Justice Act, 2015 – Section 12 – Bail to Child in Conflict with Law (CCL) – Gravity of Offence vs. Statutory Mandate – Held: While the alleged offence (RPG attack on Police Station) is grave, Section 12 mandates bail as a rule for juveniles, irrespective of the nature of the offence (bailable or non-bailable) – Bail can only be denied if there are reasonable ...
Criminal Law – Dowry Death – Cancellation of Bail – Respondent No. 1 (husband) accused of poisoning wife within four months of marriage after dowry harassment – Post-mortem showed ante-mortem abrasion and FSL confirmed aluminium phosphide poisoning – Dying declaration made to family members disclosed forcible administration of toxic substance – Held: High Court ...
Anticipatory Bail – SC/ST Act – Matrimonial Dispute – Accused sought pre-arrest bail in a case involving alleged caste-based verbal abuse and assault of wife by husband and co-accused – Complainant had protection order under Domestic Violence Act – No prima facie material found to indicate grievous injury or fracture – Allegations under SC/ST Act held to be vagu...
Criminal Law – Bail – Cancellation and Modification – Judicial Discipline – Finality of Orders – Appellant (accused in a murder case) sought modification of condition restricting him to city limits of Kolkata – Co-applicant sought cancellation of his bail alleging intimidation of witnesses and political interference – Court held that no breach of bail term...
Criminal Law – NDPS Act – Bail – Commercial Quantity – Confessional Statements under Section 67 – Petitioner accused of being recipient of large consignment of drugs intercepted by NCB – Bail initially denied during investigation – Post-filing of complaint, petitioner seeks bail citing lack of admissible evidence – Prosecution relies on statements re...
NDPS Act – Bail – Commercial Quantity – Section 37 NDPS Act – High Court granted bail without recording mandatory satisfaction under Section 37 – Allegation involved concealment of 731.075 kg of ganja ingeniously hidden in a lorry owned and driven by accused – Supreme Court held that such bail violates settled law requiring strict compliance with Section 37 &nda...
Criminal Law – Anticipatory Bail – Allegation of Forgery and Land Grab – Accused No. 3 sought pre-arrest protection under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in FIR No. 559 of 2025 registered under Sections 420, 467, 468, 471, 120B, and 34 of IPC – FIR alleged that applicant conspired to execute forged conveyance deed by altering Power of Attorney an...
Criminal Law – Default Bail – Interpretation of BNSS – Petitioners arrested on 10.05.2025 and remained in custody for 90 days – Application for default bail under Section 187(3) BNSS filed on 12.08.2025 – Charge-sheet not filed within statutory period – Trial court rejected application relying on Odisha amendment to CrPC providing 120-day period – Held: BN...
Unlawful Activities (Prevention) Act – Section 43D(5) – Bail – Prima Facie True Test - Appellant, alleged active member of terror syndicate led by Sujit Sinha and Aman Sahu, charged under UAPA, IPC, Arms Act and Explosive Substances Act for orchestrating the 18.12.2020 Tetariyakhad Colliery attack involving indiscriminate firing, arson of four trucks, and injuries to civilians &n...
Criminal Law – Anticipatory Bail – Companies Act Offences – Bail Granted – Chartered Accountants facing prosecution under Sections 143 r/w 147 and 448 of the Companies Act, 2013 and related provisions for allegedly auditing falsified financial statements of SRS Group companies and concealing related party transactions – Petitioners had not been arrested during investi...