Bail Application - Economic Offenses - Grant of bail - Conditions - The court held that the accused, who was charged with economic offenses of significant magnitude, was entitled to bail pending trial on stringent conditions to allay apprehensions expressed by the investigating agency. The court emphasized the need to balance the accused's liberty with the necessity of a fair trial and imposed...
Bail application - Suspension of sentence and enlargement on bail - Applicant convicted under sections of the Unlawful Activities (Prevention) Act (UAPA) - Applicant seeks bail pending appeal - Applicant's counsel argues lack of evidence supporting allegations - Prosecution relies on confessions, call detail records (CDRs), and an email as evidence - Absence of Section 65B Certificate for elec...
Anticipatory Bail - Freedom of Religion - Propagation of Religion - Limits of - Right to propagate religion subject to public order, morality, health, and other constitutional provisions - Statements promoting violence and justifying murder on religious grounds not protected under freedom of religion. [Para 9]
Seriousness of Offenses - Anticipatory Bail - Discretion of the Court - Whe...
Bail Application - Interim Bail - Father seeking interim bail to meet his newborn child - Petitioner's wife delivered a baby boy, and she is unable to take care of the child due to weakness - Petitioner intends to make arrangements for his wife and child - State does not object to granting some relief - Court grants interim bail for a period of 45 days - Petitioner to surrender at the end of t...
Criminal Procedure Code, 1973 - Anticipatory Bail - Allegations of bribery - Petitioner seeking anticipatory bail in a case arising out of an FIR - Complainant alleged that the petitioner, a government official, demanded a bribe for clearing pending bills - Co-accused caught red-handed accepting the bribe - WhatsApp messages and CCTV footage indicating petitioner's involvement - Petitioner'...
Regular Bail - Grant of - Violation of principles laid down in Arnesh Kumar vs. State of Bihar and Satender Kumar Antil vs. Central Bureau of Investigation - Non-issuance of notice under Section 41-A Cr.P.C. - Mandate of compliance with Sections 41 and 41-A Cr.P.C. - Non-compliance entitles accused for bail - Dereliction on the part of Investigating Agency - Grant of regular bail warranted. (Para ...
Bail application - Grant of bail - Serious offense of kidnapping for ransom - Sections 364A, 365, 342, 323, 506, 120B, 34 IPC - Petitioner, a young man with no criminal antecedents, seeks regular bail in a case registered under various sections of the IPC - Prosecution alleges that the petitioner kidnapped the victim for ransom - Bail denied by lower court - Petitioner claims discrepancies and gap...
Anticipatory Bail - Cancellation - Non-cooperation with investigation - Respondent High Court canceled the anticipatory bail granted to the petitioner on grounds of non-cooperation with the investigation and failure to respond to the Investigating Officer's calls - Supreme Court declined to interfere with the impugned orders passed by the High Court, upholding the cancellation of anticipatory ...
Criminal Procedure Code, 1973 - Bail in Economic Offenses - Factors to consider - Seriousness of allegations, evidence, severity of punishment, character of accused, possibility of tampering with witnesses, larger interests of public/state - Different approach for economic offenses - Bail to be granted judiciously within four corners of law - Discretion not to be influenced by arbitrariness - Need...
Criminal Procedure Code, 1973 - Section 439 - Interim Bail - Consideration of bail application by a petitioner seeking interim bail for six months - Petitioner gave birth to a child during custody - Allegations of the petitioner pushing her eight-year-old son into a canal - Petitioner's claim of accidental slip - Importance of maternal care and child's welfare - Constitutional provisions a...