Bail – NDPS Act – Recovery of 1.056 kg Charas – Section 37 NDPS – Bail Denied – The petitioner sought regular bail, contending he was merely a passenger in the car from which 1.056 kg of charas was recovered and had no knowledge of contraband – Prosecution opposed bail relying on Section 37, citing recovery of commercial quantity, petitioner’s links with c...
Bail – MPID Act Offence – ₹377 crore fraud – Bail Rejected – Applicant, a Director of A.S. Agri & Aqua LLP, allegedly induced gullible investors with promises of doubled returns and crores of rupees per year – Investigation revealed siphoning of deposits, seizure of incriminating records, and similar antecedents – Court held gravity of offence, scale of fr...
Bail in PMLA Case – Twin Conditions under Section 45 – Rigorous Standard Reiterated – Petition for bail under Section 439 CrPC in context of alleged laundering of ₹2.83 crores under PMLA – Held: Bail in PMLA cases governed by twin conditions under Section 45 – Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and ...
Bail – Sexual Assault, Extortion, and Cheating – Sections 318(4), 351(3) BNS, read with Sections 480 & 483 BNSS – Bail Granted – Petitioner accused of fraudulently collecting money, drugging, sexually assaulting complainant, extorting funds, and threatening with photographs – Delay of 14 months in lodging FIR, existence of live-in relationship, and counter-complai...
Bail – SC/ST Act – Mandatory Notice to Victim – Bail Cancelled – The accused Vishal @ Vicky Sodhi was granted bail by the Additional Sessions Judge without issuing notice to the victim or his dependents as mandated under Section 15-A(3) and (5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 – The High Court held that such notice is m...
Bail – Prolonged Custody – Allegations under BNS, POCSO Act, and JJ Act – Bail Granted – Appellant, a school principal, accused of sexual offences under POCSO and BNS, was in custody for nearly ten months – Only 7 of 22 witnesses examined – Supreme Court observed no serious incriminating material presently on record and held that further delay in trial justifies...
Bail – Anti-National Facebook Post – Sections 152, 192, 197(1), 353(2) BNS – Bail Rejected – Applicant posted provocative and derogatory content including insult to Indian National Flag and slogans glorifying Pakistan – Cyber investigation traced posts to applicant's verified IP and mobile – Court found conduct detrimental to national integrity and social ha...
Criminal Law – Bail - Sections 108, 69, 49, 56, 127(2), 115(2) BNS - Abetment of Suicide – Requirement of Proximate Cause – Bail Granted – Petitioners accused of harassing deceased woman to convert religion for marriage – Suicide note cited as basis of charge – Court held that even repeated harassment must have a proximate connection to suicide – No ...
Anticipatory Bail – Cheating/Criminal Breach – Intraday trading with assured 10–15% monthly returns – Civil dispute plea rejected – Multiple victims and electronic admissions considered – Professional misconduct (liaisoning) noticed – Custodial interrogation necessary – Anticipatory bail and continuation of interim relief refused [Paras 8–16, 1...
NDPS Offence – Bail Application – Section 20(b)(ii)(B) and Section 29 of the NDPS Act – Bail Granted – The petitioner, arraigned as the second accused, was alleged to have conspired with the first accused in transporting 2 kg of ganja using a vehicle allegedly hired by him – No contraband was recovered from the petitioner’s possession – The vehicle was not...