Bail Cancellation – Specific Allegations – Appellant challenges the High Court's decision to grant bail to the second respondent – Supreme Court finds specific allegations that the second respondent aided the crime by providing information to the killers and was involved in the conspiracy – High Court's failure to consider the seriousness of the crime and the role a...
Bail under UAPA – Mens Rea Requirement – Appellant challenges the denial of bail, arguing that mere association with a terrorist organization is insufficient for offenses under Sections 38 and 39 of UAPA without proving intent to further terrorist activities – Supreme Court agrees, emphasizing that the accused must have associated with the organization with the intention to furth...
Anticipatory Bail – Absconder – Proclaimed Offender – High Court granted anticipatory bail to an accused despite proclamation under Sections 82-83 CrPC – Supreme Court held that absconders or proclaimed offenders are not entitled to anticipatory bail – High Court erred in granting anticipatory bail without considering relevant legal precedents and facts – Order ...
Anticipatory Bail – Cancellation – High Court granted anticipatory bail ignoring material aspects such as the nature and gravity of the offence and the specific allegations against the accused – Deficiencies in the investigation highlighted by JMFC and trial court, including failure to consider eyewitness statements, reliance on selective CCTV footage, and lack of fingerprint ana...
Juvenile Justice – Bail – Juvenile not named in FIR – Co-accused’s disclosure – Impugned orders rejecting bail lacked reference to social background report – Bail allowed – Held, both impugned orders failed to reference or consider the social background report – Courts below based rejection on surmises and conjectures without fulfilling the statutory...
Criminal Procedure – Anticipatory Bail – Multiple FIRs – Modification of Bail Conditions – Petitioners, on anticipatory bail in seven FIRs, were ordered by the Trial Court to furnish two sureties each for every FIR – High Court held this requirement highly onerous – Directed that two sureties each for all seven FIRs would suffice – Relied on Supreme Court ...
Anticipatory Bail – Dowry Death – Conduct and Gravity of Offense – High Court granted anticipatory bail to respondent accused despite her absconding for over two years – Absconding and the nature of the offense distinguished her from co-accused granted bail – High Court's decision set aside as it ignored relevant factors [Paras 2-14].
Bail Cancellation – ...
Criminal Law – Cancellation of Bail – High Court granted bail to the first respondent accused of conspiracy and murder of an Intelligence Bureau officer – Allegations of tampering with evidence and influencing witnesses – Supreme Court found High Court's bail decision erroneous – Considerations for bail include seriousness of crime, evidence tampering risks, and r...
NDPS Act – Bail Conditions – High Court granted bail based on absence of contraband possession and error in statement translation – Supreme Court held High Court failed to adhere to Section 37(1)(b) NDPS Act requirements – Emphasized need for "reasonable grounds" to believe accused not guilty and not likely to commit offences on bail – Set aside High Court o...
Penal Code – Sections 302, 149, 201 r/w 120B – Murder – Cancellation of Bail –The Supreme Court held that the High Court erred in releasing the accused on bail pending appeal against their conviction under Sections 302, 149, 201, r/w 120B IPC. The High Court failed to consider the accused’s repeated threats to witnesses and the gravity of the accusations. The conduct ...