Criminal Appeal - Bail - Appellant aggrieved by the High Court's order rejecting bail application in connection with FIR for various offenses including under the Indian Penal Code and the Gujarat Control of Terrorism and Organized Crime Act - Appellant in judicial custody for over 2 years and 9 months - No other criminal antecedents - Conditions for invoking the GCTOC Act not fulfilled - Only ...
Criminal Appeal – Cancellation of Bail – Change in testimony of crucial witnesses – Allegations of intimidation and influence on witnesses – High Court’s order granting bail to Respondent No. 1 challenged – Post-bail developments reveal a disturbing change in stance of key witnesses – Prima facie proximity between bail and attempts to influence witnesses &...
Bail Application – Denial of bail by trial court – Petitioner seeks release as an undertrial – FIR registered under Sections 327, 323, 294, 506, 120-B, 384, and later Section 201 IPC added – Allegations of conspiracy and torture by police officials – Co-accused granted interim anticipatory bail – Petitioner seeks bail on grounds of parity – Cancellation re...
Anticipatory Bail – FIR registered under Sections 419, 420, 467, 468, 471, 120B of IPC - Applicants sought anticipatory bail - Applicants claimed no direct or indirect allegations against them in the FIR - Contradictory and evasive stands taken by applicants - Custodial interrogation necessary to unearth transactions linked with the accused firm at the behest of the present applicants and en...
Bail Application – Second application for regular bail – Petitioner accused of committing an offence under Section 20(b)(ii)C of the Narcotic Drugs and Psychotropic Substances Act, 1985 – Allegation of transporting contraband – Arrested with a significant quantity of Ganja – Search conducted between sunset and sunrise – Compliance of 2nd proviso to Section 42 of...
Anticipatory Bail - Petitioner seeks anticipatory bail in FIR involving charges under IPC Sections 420, 467, 468, 471, 120-B, and Section 13(1)(d), 13(2) of Prevention of Corruption Act, 1988 - Petitioner a first-time offender - Nature of allegations and the need to provide an opportunity to course correct justifies consideration for bail. [Para 1-6]
Bail Principles - Bail decision mu...
Bail Application – Petitioner seeks regular bail – FIR registered under Sections 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 – Custody Certificate produced – Petitioner's counsel argues that an unauthorized officer conducted the search before an authorized officer arrived – Petitioner's prolonged incarceration and lack of criminal antecedents co...
- Bail Application – Narcotics Drugs and Psychotropic Substances Act (NDPS Act) – Petitioner seeking bail under Section 439 CrPC – Criminal antecedents of the petitioner – Long pre-trial custody exceeding two years and six months – Exceptional case for bail – Conditions imposed based on Dheeraj Kumar Shukla v. The State of Uttar Pradesh [Para 5-9]
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Bail Application - Regular bail sought under Section 439 Cr.P.C. in a case involving charges under Sections 302, 34 of the IPC - Custody certificate filed - FIR based on the complaint of the deceased's brother alleging assault by the petitioner and others - Complainant's statement primarily based on hearsay - Petitioner in custody since January 16, 2023 - Material witness (complainant) alr...
Narcotics Drugs and Psychotropic Substances Act (NDPS Act) - Bail Application - Accused seeking bail in a case under NDPS Act and other sections - Criminal history of the accused - Co-accused granted bail under similar circumstances - Bail granted with stringent conditions. [Para 1-12]
Conditions for Bail - Stringent conditions imposed to ensure accused's compliance with the law - Surrender...