Criminal Law – Bail Application – Consideration of Evidence and Custodial Period
Petitioner accused of multiple serious offenses, including attempt to murder police officers, illegal possession of arms, and possession of narcotic substances – Prosecution alleges petitioner fired at police team with intent to kill – Defence argues false implication and fabrication of evidence by police, including the planting of poppy straw – Court notes absence of mention of poppy straw in initial FIR – Applicant in custody for over a year, trial likely to be protracted – Bail granted considering prolonged detention and substantial grounds to challenge prosecution case [Paras 1-8].

Conditions for Bail – Personal Bond and Surety Requirements
Bail granted subject to petitioner furnishing personal bond and surety bonds, providing details of bank accounts, and submitting copies of Aadhar cards and bank passbook front page for penalty recovery under Section 446 Cr.P.C. if needed [Para 8].

Decision:  Bail application allowed – Petitioner to be released on bail upon fulfilling stipulated conditions [Para 8].
 

Interim Maintenance – Property Ownership Not Determinative – Petitioner, despite owning a gifted two-storied building, lacks independent income – Magistrate erroneously concluded property alone suffices for maintenance – Gifted property does not negate husband’s statutory obligation to provide maintenance if wife lacks her own income – Claim for interim maintenance justified and allowed [Paras 1-6].

Husband’s Income – Liability to Maintain – Opposite party no. 1’s take-home salary considered – Even with existing liabilities, sufficient income demonstrated to grant interim maintenance – Opposite party no. 1 directed to pay Rs. 5,000/- per month to petitioner from the date of application under Section 23(1) – Arrears to be cleared in 40 equal installments [Paras 5-8].

Ex Parte Decision – Opposite party no. 1 failed to appear despite proper service – Case heard and decided ex parte – Petitioner’s entitlement to interim maintenance affirmed [Paras 3, 7].

Decision: Criminal Revisional Application allowed – Interim maintenance of Rs. 5,000/- per month awarded – Opposite party no. 1 to pay arrears in 40 equal installments – Order by Magistrate set aside, interim order vacated [Paras 6-12].
 

Administrative Law – Concealment of Facts – Abuse of Process – Petitioner challenged resumption order and appellate authority's decision – Previously filed writ petition on the same issue was dismissed on merits – Petitioner failed to disclose this fact in the current petition – Court held non-disclosure amounts to abuse of process and misrepresentation, leading to dismissal with costs [Paras 6, 9, 16-18].

Judicial Ethics – Duty to Disclose – Clean Hands Doctrine – Emphasized that litigants must approach the court with clean hands, full disclosure of facts, and not mislead the court – Petition lacking bona fides and concealing material facts warrants dismissal at the threshold [Paras 10-14].

Decision: Writ Petition dismissed – Petitioner imposed with costs of ₹1 lakh payable to the High Court Legal Services Committee within four weeks, failing which recovery will be enforced [Para 18].

Defamation – Social Media Posts – Plaintiff, a renowned journalist, alleged Defamation by Defendants via social media – Plaintiff sought injunction for removal of defamatory posts – Court directed Defendants to remove posts and make videos private within seven days [Paras 50-51].

Right to Reputation vs. Free Speech – Court acknowledged higher threshold for public figures but stressed individual dignity – Distinguished between permissible public criticism and defamation [Paras 40-41].

Ex Parte Injunction – Granted under exceptional circumstances – Court emphasized factors for consideration, including irreparable harm and balance of convenience – Noted prima facie case of defamation [Paras 36-49].

Decision – Application for interim injunction allowed – Defendants directed to remove defamatory content and make videos private pending final decision in the suit [Paras 50-51].

Employment Law – Termination due to Concealment of Criminal Case – Appellant challenged the termination of his services by the District Judge, Etah, following police verification revealing a pending criminal case – High Court emphasized the necessity for candidates to disclose pending criminal proceedings honestly – Held that concealment of material facts in an affidavit at the time of employment justified termination – Appeal dismissed [Paras 1-27].
Criminal Law – Affidavit of No Criminal Proceedings – Requirement under recruitment rules for a candidate to furnish an affidavit stating no pending criminal proceedings – Appellant failed to disclose Case Crime No. 392/2022 under Sections 323, 452, 504, 506 IPC during document verification – Court found appellant's non-disclosure deliberate, constituting valid ground for termination [Paras 4-15].
Judicial Integrity – Requirement for High Moral Character – Court reiterated the necessity for judicial employees to have impeccable integrity and clean antecedents – Emphasized that any concealment of criminal cases undermines trust in the judiciary [Paras 16-18].
Decision: Appeal dismissed – The termination order by the District Judge, Etah, was upheld as just and proper – High Court highlighted the critical importance of transparency and honesty in affidavits related to criminal antecedents for judicial appointments.
 

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 Law – Right to Speedy Trial – Appellants detained for four years without trial – Supreme Court’s precedent cited to reinforce the right to speedy trial and personal liberty – Detention exceeding substantial part of potential sentence considered [Paras 12-15, 26].

Statutory Interpretation – Sections 37 of NDPS Act and 43D of UAPA – Twin conditions for bail – Reasonable grounds to believe accused not guilty and unlikely to commit offense while on bail – High Court found compliance with these conditions, facilitating bail grant [Paras 17-19, 23].

Case Specifics – Role of Appellants – Charges against appellants varied, with different sets of offenses under IPC, NDPS Act, and UAPA – Detailed examination of charges, role in alleged crimes, and lack of recovery of drugs or proceeds of crime for some appellants [Paras 8-10, 20-22].

Decision – Bail Granted – Held – Appellants directed to be released on bail with stringent conditions – Conditions include furnishing substantial sureties, surrender of passports, regular court appearance, and prohibition from involvement in criminal activities or tampering with evidence [Paras 27-29].

Negligence in Educational Institutes – Medical Facilities – Petition filed alleging negligence resulting in the death of a student due to inadequate medical facilities at Thakur Polytechnic College – Court acknowledges individual tragedy but emphasizes the broader issue of medical infrastructure in educational institutes – Directions issued to State authorities to ensure medical facilities [Paras 1-4].

Writ Jurisdiction – Tort Law – High Court finds it inappropriate to adjudicate on disputed factual issues related to pre-existing conditions and negligence in writ jurisdiction – Petitioner's claim for damages falls within tort law, hence not granted relief for damages [Para 7].

Mandate for Medical Facilities – State Government directed to issue directives ensuring medical facilities in educational institutes – Reference to AICTE guidelines and the need for structured medical infrastructure – Importance of immediate medical aid highlighted – Circular dated July 10, 2024, issued by the Higher and Technical Education Department mandating basic medical facilities in all educational institutes [Paras 8-12].

Government Circular and Compliance – Circular mandates first aid rooms, medical training, insurance for students, and emergency response mechanisms – Need for consequences for non-compliance emphasized – Directions for monitoring and ensuring adherence to medical facility standards – Proposal for a helpline and social media presence for reporting deficiencies [Paras 12-14].

Decision:

Petition partly allowed – Directions issued to State authorities for ensuring medical facilities in educational institutes – Petitioner's individual claim for damages rejected – State Government to issue similar directives within one month – Rule made absolute in specified terms [Paras 14-15].

Bail – NDPS and UAPA – Long Incarceration and Delayed Trial – Appellants in custody for nearly four years without conclusion of trial – Allegations of drug smuggling and funding terrorist activities – Stringent bail conditions under NDPS Act and UAPA – Supreme Court precedents emphasizing the need for speedy trial and protection of personal liberty – Bail granted with conditions [Paras 1-27].

Regular Bail – Conditions Imposed – Bail granted subject to furnishing bond and sureties – Surrender of passports – Mandatory court appearances – No inducement or threats to witnesses – Non-involvement in criminal activities – Prohibition on sale or transfer of property – Undertaking regarding trial attendance [Para 27].

Decision:

Bail granted to appellants Gursant Singh (A-9), Manpreet Singh @ Mann (A-14), Hilal Ahmed Shergoji @ Hilal Ahmed Wagay @ Hilal Ahmad (A-1), and Bikram Singh @ Bikramjit Singh @ Vicky (A-2) subject to conditions including furnishing of bail bonds, non-inducement of witnesses, mandatory court appearances, and prohibition on sale or transfer of property. Hilal Ahmed to be subject to additional conditions by the trial court [Paras 27-28].

Medical Termination of Pregnancy – Petition for Termination Beyond 24 Weeks – Petitioner, a rape survivor, seeks termination of 25+ weeks pregnancy – Medical Board denied termination citing risks and possibility of live birth – Court considers autonomy, health risks, and viability of the fetus – Directions for re-examination by PGIMER – Conditions imposed if termination not carried out [Paras 1-26].

Reproductive Rights – Autonomy and Mental Health – Petitioner’s autonomy over body and mental trauma of carrying pregnancy from rape considered – Court balances medical risks and ethical considerations – Directions ensure petitioner’s health and child’s welfare post-birth [Paras 13-24].

Decision: Writ petition disposed of with directions for re-examination by the Medical Board of PGIMER, Chandigarh. If risks and complications affirm live delivery or require feticide, termination not to be undertaken. If favorable, procedure to be carried out per law. Further directions ensure medical facilities, privacy, and child’s welfare, including potential adoption by Child Welfare Committee, Hisar [Para 26].