Narcotic Drugs and Psychotropic Substances Act – Anticipatory Bail – Disclosure Statements – The applicants, husband and wife, were implicated through the disclosure statement of a co-accused from whom 73.80 grams of smack was recovered. The Court held that although such statements are not solely reliable for conviction, they could be considered at the anticipatory bail stage &nd...
Anticipatory Bail – Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 – Principles Governing Anticipatory Bail – The petitioner sought anticipatory bail in a case involving alleged cheating of village residents for over ₹1.19 crore. The Court considered the stage of the investigation and the serious nature of the allegations – Held: Custodial interrogation is necess...
Criminal Law – Bail – Foreign Nationals – Bail application by Chinese national charged with various offenses including forgery, fraud, and visa overstay. The court evaluated the risk of reoffending, the gravity of the offenses, and the likelihood of the applicant fleeing the country. Held that the applicant poses a high flight risk, and there is no existing legal framework or tre...
Bail Application – Grant of Bail – Sections 377, 498A IPC and Sections 66E, 67A IT Act – Bail Granted - The appellant, who had been incarcerated for nearly one year, was involved in a case filed after a divorce petition, with allegations related to electronic files disputed by him. He sought bail pending trial on charges under Sections 377, 498A, 506, and 34 of the IPC and Sectio...
Anticipatory Bail – Delay in FIR Registration – The petitioner sought anticipatory bail after being accused of theft under Section 380 IPC. The Court observed that there was an inordinate delay in registering the FIR, which was explained by the de-facto complainant on the grounds that the petitioner’s mother had promised to return the stolen ATM card and money – Held: The d...
Bail Application – NDPS Act – The petitioner, accused under Sections 22 and 29 of the NDPS Act, sought bail after being in custody for nearly four months – The Court considered that the petitioner was named in the FIR solely based on a co-accused's disclosure statement, and no contraband was recovered from him – Trial had not yet begun, and the Court highlighted the pro...
Condonation of Delay – Criminal Appeal – Section 21 of NIA Act – Appellant sought condonation of a delay of 186 days in filing the appeal against the rejection of bail – The delay was attributed to the appellant's financial inability to engage counsel in time – Held: Relying on judicial precedents, the right to appeal is fundamental to personal liberty under Artic...
Criminal Law – Anticipatory Bail – Appellant sought anticipatory bail in connection with allegations under Sections 368, 369, and 370 IPC regarding the abduction and trafficking of minors – Appellant contended that the children were voluntarily handed over to him through a Panchayat decision with formal adoption procedures – Held: The court found that the adoption was done ...
Bail Application – NDPS Act – Commercial Quantity of Narcotics – Section 37 NDPS Act – Bail Rejected - Section 50 Compliance – Non-compliance Alleged – The petitioner, a 71-year-old citizen of Belize, sought bail under Section 439 of CrPC, arguing non-compliance with Section 50 of the NDPS Act – Alleged that he was not informed of his right to be searched ...
Bail – Robbery and Criminal Trespass – Section 483 of the BNSS – Grant of Bail - The petitioners were charged with committing robbery by breaking into a jewellery shop and stealing silver ornaments and watches worth Rs.1,596,000 – The petitioners claimed innocence, stating they were unaware of the charges until they were arrested – Held: The petitioners had been in ju...