Criminal Bail Petition - Regular Bail - FIR registered under various sections including the Petroleum and Minerals Pipelines Act, Explosive Substances Act, and Prevention of Damage to Public Property Act - Petitioner not named in original FIR, implicated based on disclosure statements of other arrested accused - Petitioner in custody since 23.08.2022, none of the 30 prosecution witnesses examined ...
Anticipatory Bail Application – Seizure of prohibited substances from a co-accused – Allegations of involvement in the supply of banned substances – Detailed investigation required to uncover potential substance-related racket – Identity of purchasers to be ascertained – Criminal antecedents of the applicant – Previous cases denying similar relief to applicants ...
Anticipatory Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 15, 18, 20, 21, and 22 - False FIR - Malicious intent - Lack of supporting evidence - Petitioner's history of fabricated cases - Secret information provided to the police - Petitioner's house found locked, no incriminating substances recovered - Grant of Anticipatory Bail under Section 438 of Cr.P.C - Petit...
Criminal Procedure - Regular Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail application under Section 439 of Cr.P.C. - Petitioner seeking regular bail in a case registered under Sections 22-C of the NDPS Act - Petitioner in custody for over two years - Investigation completed, but trial likely to take more time - Petitioner not involved in any other case - Violation of right un...
Regular Bail - Grant of - Petitioner under Sections 21/27-A of the NDPS Act - Allegations of possession of 6 grams of smack - Previous instances of petitioner absconding from trial proceedings - Bail granted and subsequently breached - Petitioner's application for bail rejected by Trial Court - Petitioner in custody for a significant period - No other pending case under NDPS Act against petiti...
Bail Cancellation – Exercise of Suo Motu Powers – Appellant granted bail by Trial Court – High Court canceled bail citing appellant’s absconding behavior – Supreme Court emphasizes the requirement of cogent and overwhelming circumstances for bail cancellation – High Court's action deemed over-expansive for not considering the peculiarity of appellant's s...
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 ...
Criminal Procedure - Bail - Regular Bail - Grant of regular bail under Section 439 Cr.P.C. - Petitioner involved in FIR No.914 dated 22.11.2022, registered under Sections 148, 149, 323, 324, 506 IPC (Sections 307, 325, and 326 IPC added later) - Petitioner in custody for over 6 months - Allegations against petitioner emerged in supplementary statement of complainant after 3½ months - Co-acc...
Criminal Law – Anticipatory Bail – Appeal against the High Court’s order granting anticipatory bail to the respondent accused of sexually assaulting his 12-year-old niece – Supreme Court held that the High Court erred in granting anticipatory bail given the seriousness of the allegations and the statutory presumptions under Section 29 of the POCSO Act – Observations m...
Criminal Case - Anticipatory Bail - Interim Anticipatory Bail - Making Interim Anticipatory Bail Absolute - Need for Custodial Interrogation - Misuse of Liberty - Consideration of Gravity of Offense - Code of Criminal Procedure, 1973 - Sections 438, 341, 379, 294, 326, 34 of the Indian Penal Code - Investigation into Hailakandi Police Station Case No. 05/2023 - Allegations of Restraint, Attack, an...