Anticipatory Bail Application – Petitioner, a Horticulture Development Officer, sought anticipatory bail in FIR for corruption and forgery in land acquisition process – Alleged involvement in assisting in wrongful compensation claims for fruit trees during land acquisition by GMADA – Interim bail granted earlier, subject to conditions, but opposed by the state citing serious alle...
Criminal Appeal – Regular Bail in NDPS Act Case – Petitioner seeking regular bail for possession of marginally higher than commercial quantity of narcotic substance (Alprazolam) – Arrested and previously granted interim bail but later declared a proclaimed offender – Re-arrested and incarcerated for over 7 months. [Para 1, 2, 6]
Bail Principles – Bail as ...
Regular Bail – Grant of Bail in FIR No. 122, dated 20.06.2020, under Sections 302, 201, 34 IPC – Petitioner seeks regular bail – No specific allegations against petitioner in FIR – Based on circumstantial evidence and no recovery from petitioner – Incarceration of over 3 years – Regular bail granted. [Paras 1, 3, 16]
Circumstantial Evidence – ...
NDPS – Bail - Conspiracy and Possession of Contraband – Petitioners accused in connection with seizure of 728.42 grams of MDMA from the first accused – Alleged conspiracy among five accused, including financial transactions with an African nation for procuring the contraband. [Paras 2-3]
Arguments by Petitioners’ Counsel – Claim of innocence and false imp...
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'...
Bail - Onerous Bail Conditions – Petitioner accused in 1726 crimes – Difficulty in producing separate sureties for each case – Court’s view on impracticality of such conditions – Same surety can be accepted in different cases – Value of bond not necessarily commensurate with quantum involved in crime [Paras 2, 7-9, 11]
Legal Framework of Bail Bonds – Se...
Victim’s Right to be Heard – Bail Adjudication – Section 2(wa) CrPC – Legal Right to Participate in Proceedings – Appellant challenged the bail granted to the Respondent-Accused in a case involving the death of several farmers – Supreme Court held that a victim under Section 2(wa) of CrPC is entitled to be heard at every stage of proceedings – High Court&#...
Bail Application in Multiple Cases – Accused, a Drawing Teacher, alleged to have sexually assaulted minor girl students, filed bail applications in six different cases. [Para 1]
Allegations of Sexual Assault – Accusations of assaulting Vth standard students at Himayathul Islam School by touching their private parts on 12.12.2023. [Para 2]
Opposition to Bail by Public Prosecutor &...
Bail Under UAPA – Section 43D(5) – Stringency and Prolonged Incarceration – Appellant denied bail under Section 439 CrPC – Held, UAPA’s Section 43D(5) conditions less stringent than NDPS Act – Appellant in custody for nearly 8 years – Trial progress slow with only 6 of 109 witnesses examined – Prolonged incarceration considered significant – Ba...