Anticipatory bail – Appellant’s apprehension of arrest in connection with Crime No. 129/2022 registered at Police Station Dheerpura, District Datia – Alleged offences punishable under Sections 294, 323, 506 of the Indian Penal Code (IPC) and Section 3(1)(n]/k) of the Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act – Prosecution case alleging that the appell...
Criminal Law – Bail Application – Long Incarceration – Appellant in custody for over nine years for possession and circulation of counterfeit currency under Sections 489B, 489C IPC and Section 16 of UAP Act – Trial prolonged with minimal witness examination – Supreme Court grants bail considering prolonged detention and slow trial pace, emphasizing accused’s rig...
Criminal Bail Application – Abetment of Suicide – Sections 306, 504, and 506 IPC – Applicant involved in a love affair with the deceased – Allegations of threats, abduction, and rape leading to the victim’s suicide – Bail application filed during the pendency of trial.
Elements of Abetment of Suicide – Proof of direct or indirect acts of incitement requ...
Bail Application – Section 439 of Cr.P.C. – Principles – Petitioner accused of serious offences including attempted murder – Consideration of factors such as length of custody, completion of investigation, and absence of criminal antecedents – High Court emphasized the presumption of innocence and the principle that bail is the rule and jail is the exception.
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Criminal Law – Quashing of FIR – Petitioner sought quashing of FIR alleging manipulation of tender documents leading to overpayment – Accused involved in printing contract awarded by GCERT – Accusations of conspiracy, forgery, and causing wrongful loss to government – Court examined prima facie evidence of fraudulent activities, unauthorized communications, and tamper...
Anticipatory Bail – Conditions and Considerations – The applicant, aged 74, sought anticipatory bail in relation to an FIR filed under various sections of the IPC involving allegations of forgery and conspiracy. The court considered the applicant's age, the civil nature of the underlying dispute, the delayed filing of the FIR, and the applicant's role as an attesting witness. T...
Bail – Prolonged Detention – Applicant, in jail since 2017, failed to file for bail due to lack of resources and legal aid – Applicant nominated in 2005, arrested in 2017 – Bail application drafting inadequate – Court appoints amicus curiae – High Court Legal Services Committee to assist – District Judge to ensure all details provided to amicus curiae [Par...
Criminal Law – Bail – Dowry Death – Petitioner sought bail in case registered for dowry harassment and death – FIR based on statements from deceased’s family alleging dowry demands and harassment – Charge-sheet filed, petitioner in custody for over a year – No evidence of petitioner’s ability to tamper with evidence or threaten witnesses – Bail...
Criminal Procedure – Bail – Considerations for Grant: Petitioner sought regular bail for offenses under Sections 308, 341, 354B, 506, 509 IPC. The court considered the delay in FIR registration and the gravity of allegations. It highlighted factors such as prima facie case, severity of punishment, and potential to tamper with evidence. The application was dismissed on grounds of severi...
Bail Application – Regular Bail – Appellants accused of drug smuggling and financing terrorism – Held in custody for nearly four years – High Court granted bail emphasizing the constitutional right to speedy trial and personal liberty – Bail granted with strict conditions despite stringent provisions under UAPA and NDPS Act [Paras 1-29].
Constitutional La...