Criminal Law – Bail – Section 439 Cr.P.C. – Petitioner sought regular bail for being falsely implicated in the offense of possessing stolen mobile phones – Prosecution alleged that the petitioner was caught near an electricity pole with stolen mobile phones based on a secret informer’s tip – Held: The petitioner has been in custody for over 4 months, and no furt...
Bail - SC/ST (Prevention of Atrocities) Act – Grant of Anticipatory Bail – Section 18 of the SC/ST Act bars anticipatory bail unless no prima facie case is made out – Held: On judicial scrutiny, the complaint appeared to be motivated by enmity, and the possibility of false implication could not be ruled out. As such, the bar under Section 18 of the Act did not apply, and anticipa...
NDPS Act – Bail Application – Commercial Quantity of Narcotic Substance – Section 37 Rigors Considered – The petitioner sought bail in connection with the recovery of a commercial quantity of Ganja. While Section 37 of the NDPS Act imposes stringent conditions for bail, the court held that these conditions must be balanced against the petitioner’s right to a speedy tr...
Bail under NDPS Act – No Direct Recovery – The petitioner sought regular bail on the ground that no recovery was made from him and that he was implicated solely based on a disclosure statement by a co-accused – Held: Given the lack of direct recovery and the fact that co-accused in similar circumstances were granted bail, the petitioner was entitled to bail, subject to conditions...
Bail Application – Offences under IPC and POCSO Act – Grant of Bail Post-Investigation – The petitioner sought bail in a case involving serious charges under IPC and POCSO, where the prosecution alleged stalking and rape – Held: Given that the survivor had attained majority before the incident of rape, the charges under POCSO do not apply. Further, the investigation was com...
Bail Application – Consideration of Role in Crime – The petitioner sought bail, arguing that her role was limited to holding the complainant’s sister and that she was not involved in the stabbing – Held: While the petitioner was involved in the incident, the material on record did not indicate that she participated in stabbing or inflicting injuries on the deceased. Given h...
Bail – Parity with Co-Accused – Prolonged Custody – The appellant, Sunil, sought bail on the grounds of parity with ten co-accused who had already been granted bail and the fact that he had been in custody for over a year – Held: The fact that ten other co-accused are already out on bail and that the trial is likely to be long due to the number of accused and witnesses just...
Bail Cancellation – Alleged Violation of Conditions – Matrimonial Dispute – The petitioner sought the cancellation of bail granted to respondent No.2, alleging that he had violated bail conditions by threatening her – Held: The alleged violation pertained to a separate incident for which an FIR was filed belatedly, and respondent No.2 had complied with the bail conditions p...
Customs Act – Pre-Arrest Bail – Dismissal of Bail Applications – Petitioners sought anticipatory bail under Section 438 of CrPC for alleged involvement in smuggling gold under the Customs Act, 1962 – Directorate of Revenue Intelligence (DRI) intercepted a smuggling gang and seized gold and foreign currency worth Rs. 2.60 crore – Petitioners argued DRI had no...
Facts:
The appellant, Sumedh Singh Saini, applied for anticipatory bail after an FIR was lodged against him for offenses under various sections of the IPC, including section 302, based on statements from co-accused who were alloed to become approvers. The appellant contended that the present FIR was not maintainable as it was a second FIR on the same facts, and it was registered aft...