Indian Penal Code, 1860 (45 of 1860), Section 307, 506, 148, 149 – Arms Act, 1959 (54 of 1959), Section 25, 27 --  Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail -- On the contention that petitioner has not been named in the FIR, his tower location was not found at the place of occurrence, specific injuries attracting Section 307 IPC attributed to the co-accused and there is nothing on record against the petitioner in the final report filed u/s 173 Cr.P.C. against the co-accused, interim protection was granted -- Petitioner joined the investigation, interim bail order confirmed.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail -- Both the parties sustained injuries in the same incident -- Three persons sustained injuries from the side of accused/ petitioner party; whereas three persons sustained injuries on behalf of the complainant party – Section 307 IPC has been invoked in both the cases -- It will be a matter of trial, as to which of the party is aggressor – Petitioners ordered to be released on bail subject to the satisfaction of the Arresting Officer/Investigating Officer.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 406, 468 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Cheating -- Petitioner already facing prosecution u/s 138 of the NI Act -- Submitted that mere dishonour of cheque does not amount to cheating – Appeal allowed, in case of arrest petitioner be released on bail by the arresting/ investigating officer/ trial court.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 384, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Extortion – Anticipatory ball -- On the contention that the maximum sentence provided for commission of offences as alleged in the FIR is upto 3 years and no notice u/s 41-A Cr.P.C. was issued -- Petitioners joined the investigation and are not required for further custodial interrogation – Interim order made absolute -- Petition allowed.

(Para 2-5)

Mines and Minerals (Development and Regulation) Act, 1957 (67 of 1957), Section 21 (1) -- Indian Penal Code, 1860 (45 of 1860), Section 379 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Mining case – Anticipatory bail -- On the contention that petitioner has already obtained all requisite permissions including the registration certificate from the competent authority, no mining material has been recovered at the spot, involved in the case on the basis of the statement of the co-accused, FIR indicates that no offence under Section 379 of IPC and Act, 1957 is a special statute that provides a complete mechanism for dealing with any violation of the Act and Section 379 of the IPC was added in the FIR only to make the offence non-bailable, which is in violation of the law laid down by the Hon’ble Supreme Court, the petitioner was admitted to interim bail -- Petitioner has joined the investigation and is no more required for custodial interrogation – Interim order made absolute.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 302, 307 -- Arms Act, 1959 (54 of 1959), Section 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Murder – Anticipatory bail -- No documentary evidence or allegations leveled in the FIR that the petitioner at the time of alleged occurrence had instigated the main accused, or even provided the weapon of offence -- Only his presence at the time of alleged occurrence had been shown and that too, in the supplementary statement after two days of the alleged occurrence – Anticipatory bail allowed.

(Para 1, 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 420,406, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail -- Cheating – Criminal breach of trust -- Breach of agreement to sell -- Every breach of contract does not give rise to criminal prosecution for cheating unless the fraudulent or dishonest intention is shown right at the beginning of the transaction -- Allegations of failure to keep a promise will not be enough to initiate the criminal proceedings -- Agreement to sell in favour of the complainant, however, sale deed in favour of other -- Complainant, instead of initiating the civil proceedings, had got the FIR registered -- Both the petitioners were the attesting witnesses to the agreement and had joined the investigation -- Documents had already been collected by the police and their custodial interrogation is not required -- Interim orders made absolute.

(Para 1, 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 420, 379, 447, 425, 427, 506, 511, 120-B, 148, 149 – Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Harvesting of crops with armed weapons -- Allegations that petitioners along with various other co-accused entered the fields of the complainant and harvested the crop while armed with weapons – Dispute is civil in nature regarding possession of the land in question -- Petition allowed.

(Para 2-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3, 14A – Offence u/s 3 of SC ST Act – Anticipatory bail -- Appellants had addressed the complainant as “dhedh” -- From the submissions made, it would be debatable as to whether the offence under Section-3 of the “Act” is made out or not -- Said issue can be finally settled and adjudicated by the Trial Court during the course of trial -- Appellants had surrendered before the Investigating Officer and were admitted to interim bail by him -- Custodial interrogation of the appellant(s) is not required by the Investigating Agency and no fruitful purpose would be served by sending the appellants behind the bars -- Appeals allowed, interim orders ordered to be made absolute -- Appellants shall abide by the conditions as specified under Section 438 Cr. PC.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 498A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cruelty to wife -- Anticipatory bail – Non-performing of conjugal rights – Ground of -- High Court dismissed the petition by observing that in view of the adamant attitude of the appellant in not resuming the conjugal life with the opposite party No.2 in the house of the appellant, where the opposite party No.2 was staying, his petition could not be considered – Held, neither such condition should have been imposed by the High Court while granting an anticipatory bail, nor such could be a ground for rejection of the petition filed by the appellant – Order set aside, in case of arrest of the appellant, he ordered to be released on bail.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438 – Cheating -- Anticipatory bail -- Habitual offender – 16 complaints/ FIR pending – Petitioners have not only cheated the present complainant but several other criminal complaints have been filed against them -- Apart from that,  petitioner No.2 was declared a proclaimed person and four FIRs were registered against him in this regard -- Thus, there are chances that the petitioners may abscond from the process of law -- Custodial interrogation of the petitioners would be required in the case – Petition dismissed.

(Para 1, 6-9)

Indian Penal Code, 1860 (45 of 1860)Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Abetment to suicide – Anticipatory  bail -- On the contention that a criminal case was registered against the deceased u/s 377 of the IPC and allegedly on account of the deceased having felt humiliated he ended his life by consuming poison, interim bail granted --  Petitioner has joined investigation and cooperated with the investigating agency -- Petitioner not required for custodial interrogation -- Interim order made absolute.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Section 409, 420, 465, 466, 468, 471, 120-B -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)(a), 13(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Corruption case – Anticipatory bail – Since the petitioners have returned 50% of the compensation amount and have also declared their assets, based on which, State can always avail legal remedies for attachment of assets as well as recovery of the amount, to which the State is entitled, it is not a case for pre-trial incarceration of the petitioners – Petition allowed and interim order made absolute.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 408, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 438 – Cheating -- Criminal breach of trust -- Anticipatory bail -- Business transactions, where the material supplied to the complainant company, is alleged to be of inferior quality -- Further the petitioner has also alleged that he has to recover around Rs 2 crores from the complainant company, as per their account statement -- Petitioner has already joined the investigation and the final report u/s 173 Cr.P.C. has also been filed and he is facing the trial and that the entire case is based on documentary evidence, therefore, custodial interrogation of the petitioner is no more required – Petition allowed.

(Para 10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Constitution of India, Article 21 -- Default bail – Condition to furnish bail bond on same day – Permissibility of -- Learned JMIC imposed a condition that the bail and bonds to be furnished only on the same day by 4.30 p.m. – Held, at the time when default bail is granted then no such impractical, unreasonable and onerous time limit can be imposed for furnishing of bail and bonds -- Condition imposed is onerous, unreasonable and impractical and does not qualify the test of reasonableness under Article 21 of the Constitution of India – Petition allowed, condition imposed by the learned JMIC by which the petitioner was directed to furnish surety by 4.30 PM on the same day is also set aside.

(Para 19-26)

B. Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section, 167(2), 437, 438, 439 – Bail matters – Fundamental rights – Life and liberty of accused -- For the purposes of considering bail matters, the Fundamental Rights especially under Article 21 of the Constitution of India have to be always kept in mind since the personal liberty of an individual is involved -- Judicial officers of District Courts should have full expertise not only on the practical aspects but also on the academic aspects pertaining to the Fundamental Rights -- Registrar General shall coordinate with the Director of the Judicial Academy, Chandigarh for arranging orientation course on specialized subject of Fundamental Rights to all the judicial officers of District Courts across the States of Punjab, Haryana and UT, Chandigarh.

(Para 28-29)

A. Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 323, 341, 307, 506, 120-B -- Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 438 -- Murder -- Summoning u/s 319 Cr.P.C. – Despite the petitioner being specifically named as one of the assailants, who was armed with gun and despite the fact that there was eye-witness account in the form of statements recorded u/s 161 Cr.P.C., petitioner was declared innocent -- Police authorities at their own, disbelieved the version of eye-witnesses, clearly indicating the collusion of the police with the petitioner -- No illegality in the impugned order summoning the petitioner u/s 319 Cr.P.C. as an additional accused to face trial.

(Para 16, 17)

B. Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 323, 341, 307, 506, 120-B -- Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 438 -- Murder -- Summoning u/s 319 Cr.P.C. – Anticipatory bail -- Having regard to the role of the petitioner in the crime, who is specifically attributed to have given gunshot injury resulting in the death and also having caused gunshot injuries  and the gravity of the offence, Court finds the case to be unfit for grant of anticipatory bail even if the petitioner has been summoned u/s 319 Cr.P.C. -- Simply because investigation is complete or petitioner is not required for custodial interrogation, cannot in itself be a ground to grant him anticipatory bail.

(Para 18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory  bail -- Petitioner-accused agreed to deposit 10% of the amount allegedly claimed as Wrongful ITC Credit (Rs.70 Lakhs constituting 10% of Rs.7 Crores) -- High Court affirmed that order and consequently the condition – Held, grant of bail subject to onerous conditions, is ordinarily in exceptional circumstances and cannot be as a matter of course – Petitioner ordered to be enlarged on bail subject to such terms and conditions as the trial Court may impose, other than the condition of requiring pre-deposit.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Section 384, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Extortion – Anticipatory bail -- Petitioner and complainant were earlier having live-in-relation for a period of 8 years before married with each other -- FIR was got lodged by alleging that an amount of Rs.20,000/- was extorted by the petitioner from the complainant, who is her own husband, on the ground of pictures pertaining to the aborted fetus – Dispute appears to be a matrimonial dispute, subject matter of the present extortion money is only Rs.20,000/- -- It will not be in the interest of justice that the petitioner is to be arrested for custodial investigation especially when she is a lady of the age of 32 years -- Anticipatory bail allowed.

(Para 7-10)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Allegation that on secret information, house of the petitioner was raided -- Though petitioner was not present at home, but search was conducted in the presence of his daughter-in-law and 12 bottles of illicit liquor were recovered – Interim bail granted – Petitioner has since joined the investigation and not required for any investigation, interim anticipatory bail made absolute.

(Para 1-3)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 295, 295A -- Hurting religious feeling – Anticipatory bail -- Petitioner attempted to hurt the religious feelings of a particular community -- Said utterances were made in the State of Rajasthan -- No other case against the petitioner – Petition allowed.

(Para 5, 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Medical Termination of Pregnancy Act, 1971 (34 of 1971), Section 3, 4, 5 -- Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Section 4, 5, 6, 23 – Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B – Anticipatory bail -- Prenatal sex determination – Abortion – Disclosure statement -- Interim bail granted to the petitioner on the submission that as allegation she got introduced the family of the victim to the co-accused for sex determination of the unborn child and received commission and petitioner is not involved in the act of abortion, she is the resident of Utter Pradesh and no other complaint is filed against her till date -- Petitioner has joined investigation and her custodial interrogation is not required -- Interim order made absolute subject to the conditions as envisaged under Section 438(2) Cr.P.C.

(Para 2-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 -- Anticipatory bail – Regular bail -- Paramount considerations in cases where bail or anticipatory bail is claimed are the nature and gravity of the offence, the propensity or ability of the accused to influence evidence during investigation or interfere with the trial process by threatening or otherwise trying to influence the witnesses; the likelihood of the accused to flee from justice and other such considerations -- During the trial, the court is always in control of the proceedings, and it is open for it to impose any condition which it deems necessary to ensure the accused’s presence and participation in the trial.

(Para 9)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 -- Indian Penal Code, 1860 (45 of 1860), Section 498-A – Bail after chargesheet -- Once the chargesheet was filed and there was no impediment, at least on the part of the accused, the court having regard to the nature of the offences, the allegations and the maximum sentence of the offences they were likely to carry, ought to have granted the bail as a matter of course -- However, the court did not do so but mechanically rejected and, virtually, to rub salt in the wound directed the appellant to surrender and seek regular bail before the Trial Court -- High Court fell into error in adopting such a casual approach -- Impugned order of rejecting the bail and directing the appellant, to surrender and later seek bail, therefore, cannot stand and set aside.

(Para 12)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 -- Indian Penal Code, 1860 (45 of 1860), Section 498-A – Dowry case -- Cruelty – Anticipatory bail -- Regular Bail -- Directions given in Arnesh Kumar’s case (2014) Law Today Live Doc. Id. 15107 reiterated and other directions issued:

-- All the State Governments to instruct its police officers not to automatically arrest when a case under Section 498-A IPC is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from Section 41 CrPC;

-- All police officers be provided with a check list containing specified sub-clauses under Section 41(1)(b)(ii);

-- The police officer- shall forward the check list duly filled and furnish the reasons and materials which necessitated the arrest, while forwarding/producing the accused before the Magistrate for further detention;

-- The Magistrate while authorizing detention of the accused shall peruse the report furnished by the police officer in terms aforesaid and only after recording its satisfaction, the Magistrate will authorize detention;

-- The decision not to arrest an accused, be forwarded to the Magistrate within two weeks from the date of the institution of the case with a copy to the Magistrate which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

-- Notice of appearance in terms of Section 41-A CrPC be served on the accused within two weeks from the date of institution of the case, which may be extended by the Superintendent of Police of the district for the reasons to be recorded in writing;

-- Failure to comply with the directions aforesaid shall apart from rendering the police officers concerned liable for departmental action, they shall also be liable to be punished for contempt of court to be instituted before the High Court having territorial jurisdiction.

-- Authorizing detention without recording reasons as aforesaid by the Judicial Magistrate concerned shall be liable for departmental action by the appropriate High Court.

-- Directions aforesaid shall not only apply to the case under Section 498-A IPC or Section 4 of the Dowry Prohibition Act, the case in hand, but also such cases where offence is punishable with imprisonment for a terms which may be less than seven years or which may extend to seven years, whether with or without fine.

-- The High Court shall frame the above directions in the form of notifications and guidelines to be followed by the Sessions courts and all other and criminal courts dealing with various offences.

-- Likewise, the Director General of Police in all States shall ensure that strict instructions in terms of above directions are issued. Both the High Courts and the DGP’s of all States shall ensure that such guidelines and Directives/Departmental Circulars are issued for guidance of all lower courts and police authorities in each State within eight weeks from today.

-- Affidavits of compliance shall be filed before this court within ten weeks by all the states and High Courts, though their Registrars.

High Courts and the Police Authorities in all States are required to comply with the above directions in the manner within the time frame mentioned.

(Para 12, 13)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- High Court while rejecting an application for anticipatory bail, in the same breath granted them protection for a period of two months by directing no coercive steps be taken against the respondent(s) for a period of two months – Held, order is self-contradictory – Second part of the order directing that no coercive steps shall be taken against the respondents for a period of two months quashed and set aside.

(Para 9-11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Indian Penal Code, 1860 (45 of 1860), Section 420 -- Cheating – Anticipatory bail -- Condition for grant of bail on undertaking for deposit of Rs.22,00,000/- in the form of FDR in the Trial Court – Held, such an approach would not be warranted in cases of private disputes where private parties complain of their money being involved in the offence of cheating -- If at all the offence alleged against the appellant is proved resulting in his conviction, he would be bound to suffer penal consequence(s) but despite such conviction he may not be under any obligation to repay the amount allegedly received from the complainants -- This too is an aspect which the High Court exercising jurisdiction u/s 438 of the Cr. PC did not bear in mind – Held, High Court fell in grave error in proceeding on the basis of the undertaking of the appellant and imposing payment of Rs.22,00,000/- as a condition precedent for grant of bail -- Matter remitted back to High court for re-consideration of the application for pre-arrest bail.

(Para 17-30)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case – Anticipatory bail – Cultivation of 278 plants of cannabis –Demarcation got conducted, which reveals that concerned khasra number though was in possession of accused, but was under co-ownership of several individuals – Custodial interrogation of accused not required by the Investigating Agency – Anticipatory bail granted.

(Para 3-5)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Complaint for dishonour of cheque -- Absence from trial – Non-bailable warrants -- Anticipatory bail -- A person released on bail is already in constructive custody of law and if law requires him to come back to custody for specified reasons, application for anticipatory bail would not lie -- Petition dismissed being not maintainable.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Fraud -- Anticipatory bail – Petitioner executed agreement to sell in favour of KS and power of attorney was duly executed and registered before the Sub Registrar, wherein he was photographed -- Petitioner fraudulently entered into an agreement to sell with the complainant also regarding the same piece of land and accepted the earnest money, however, did not execute the sale deed -- Land sold through KS to another person -- Intention to defraud from the very inception – Anticipatory bail declined.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 370, 120B -- Punjab Prevention of Human Smuggling Act, 2012 (2 of 2013), Section 13 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Smuggling of human – Cheating -- Anticipatory bail --  Allegations against the petitioner are he along with other co accused cheated the complainant to the tune of Rs 33,00,000/- on the pretext of sending complainant’s son to USA -- Petitioner is the father of the main accused -- Given the penal provisions imposed and the sentence provided by the Legislature, the nature of allegations coupled with the fact that the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct – Petition allowed.

(Para 1-9, 24)

Indian Penal Code, 1860 (45 of 1860), Section 376 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail -- Rape – Consenting party --  Misrepresentation -- In statement u/s 164 prosecutrix has categorically stated that they became friends through Facebook; he told her that he is Hindu and on his Facebook profile also he used his surname as “Dixit” and at the inception of the relationship applicant/ accused misrepresented himself and trapped the prosecutrix in his love; had applicant/accused not misrepresented to be of her faith, the prosecutrix would not have given in to the applicant/accused – Anticipatory Bail rejected.

(Para 4-6)

Indian Penal Code, 1860 (45 of 1860), Section 306, 384, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment of suicide – Anticipatory bail -- No post mortem conducted – Death on 02.09.2021, matter was reported to the police on 05.09.2021 -- Allegations of honey trapping and black mailing in the FIR but the exact date and month of the same is not given -- Genuineness of the suicide note will be determined by the trial Court, after the recording of evidence -- Mens rea, if any, on the part of the petitioners, is also matter of evidence -- No prior complaint with regard to alleged honey trapping and black mailing of the deceased by the petitioners -- Further, the petitioners have joined the investigation -- Petition allowed and interim order made absolute.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 468, 471, 120B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438  -- Cheating – Anticipatory bail - Rs.8,10,000/- taken from the complainant on the pretext of sending two persons to Singapore – When court was not inclined to grant bail, only then the petitioner was ready and willing to affect a compromise with the complainant -- In that situation his arrest was stayed and he was asked to appear before the Mediation and Conciliation Centre, however, he has deliberately chosen not to appear -- Petitioner does not deserve the concession of anticipatory bail – Petition dismissed.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment of suicide – Anticipatory bail -- Allegation against the petitioner are that he was one of the friends of deceased and was extending help to his wife to remain in adultery with one PS, leaving her husband and children – Held, there would be no justifiability for custodial or pre-trial incarceration at this stage -- Furthermore, the petitioner is a first offender, and one of the relevant factors would be to provide an opportunity to course-correct – Petition allowed.

(Para 5, 10,11)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(n), 376-C, 506, 34, 201, 384 -- Information Technology Act, 2000 (21 of 2000), Section 66E, 67A, 67-C – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape – Forwarding of Video recording in compromising position – Anticipatory bail -- Prosecution case against the petitioner is that he re-forwarded video recording of prosecutrix with other accused in compromising position to many persons -- On the contention that petitioner is not accused of commission of offence punishable u/s 376, 376-C, 506, 34, 201 and 384 IPC, however, he, at the most, is responsible for commission of offence punishable u/s 66E of IT Act wherein maximum prescribed sentence is three years granted interim bail – Petitioner has joined investigation and no custodial interrogation is required – Petition allowed and the interim bail granted to the petitioner made absolute.

(Para 1-3)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61/1/4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- FIR on secret information – On raid, 60 bottles of country made liquor recovered, however petitioner was not apprehended from the spot and no further recovery is to be effected -- In compliance of order granting interim bail, petitioner joined investigation and cooperated -- Petitioner not required for further investigation much less for his custodial interrogation -- Interim order made absolute.

(Para 2-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 437(5), 439(2) – Bail -- Addition of offence – Arrest of accused -- Addition of a serious offence can be a circumstance where a Court can direct that the accused be arrested and committed to custody -- Recourse available to an accused is to surrender and apply afresh for bail in respect of the newly added offences -- Investigating agency is also entitled to move the Court for seeking the custody of the accused by invoking the provisions of 437(5) and 439(2) Cr.P.C. -- Court that may have released the accused on bail or the Appellate Court/superior Court in exercise of special powers conferred on it, can direct a person who has been released on bail earlier, to be arrested and taken into custody.

(Para 20)

B. Indian Penal Code, 1860 (45 of 1860), Section 354, 354-B and 506 (Section 376 added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 437(5), 439(2) – Anticipatory bail – Rape -- High Court granted anticipatory bail having been swayed by the “star variations in the narration of the prosecutrix” implying thereby that what was originally recorded in the FIR, did not make out an offence of rape, as defined in Section 375 IPC, which is an erroneous assumption – Prosecutrix was not afforded a hearing, no doubt, the State was present and was represented in the said proceedings, but the right of the prosecutrix could not have been whittled down for this reason alone -- Orders granting anticipatory bail to the respondent No. 2/accused quashed and set aside.

(Para 22-26)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3, 14-A -- Indian Penal Code, 1860 (45 of 1860), Section 452, 323, 506, 148, 149, 427, 458 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Abusing people of SC ST Community – House trespass – Unlawful assembly -- Allegations of abusing the people belonging to the scheduled castes by using the derogatory words prohibited under SCSTPOA Act, 1989 -- On primafacie analysis of the nature of allegations and other factors peculiar to this case, there would be no justifiability for custodial or pre-trial incarceration at this stage -- Furthermore, the appellants are first offender, and one of the relevant factors would be to provide an opportunity to course-correct – Appellants ordered to be released on bail.

(Para 1-8, 13)

Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 4, 45 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Money laundering – Anticipatory bail -- Rigour of Section 45 of the Act, 2002 shall be applicable even with respect to the application u/s 438 Cr.PC.

(Para 7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 506, 498-A -- Second anticipatory bail – FIR by second wife -- Subsequent event -- Merely because an FIR lodged by the previous wife of the petitioner/accused against him was quashed on the basis of compromise subsequent to decision of the first pre-arrest bail petition on merits, is not a substantial ground to entitle him to file the second pre-arrest bail petition.

(Para 6)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Section 323, 341, 506, 498-A -- Second anticipatory bail – Subsequent event -- Pending inquiry before the Women Cell at the time of lodging of the FIR, is not a subsequent event that could afford a ground to the petitioner to file the second pre-arrest bail petition.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149, 323, 324, 307, 440 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder -- Anticipatory bail – Contention that injury report indicates that the injuries were of a simple nature caused by a hard and blunt object -- In the facts and circumstances of the case direction given that in the event of the arrest of the petitioner, he shall be released on bail.

(Para 3-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Dismiss in default -- Bail application listed in the first instance on 02.07.2021 and interim protection was granted -- Thereafter the matter came before the Court almost after an year on 27.09.2022 and because of his non-appearance bail application was dismissed for non-prosecution – Dismissal of the bail application in default not justified and, accordingly set aside.

(Para 3-7)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheque bounce case – Conditional bail in Appeal subject to deposit 20% amount -- Non-payment of – Anticipatory bail – Maintainability of -- A person released on bail is already in constructive custody of law – Anticipatory bail is not maintainable. Manish Jain’s case 2022(1) SCC(Cri) 676 relied.

(Para 5-7)

Indian Penal Code, 1860 (45 of 1860), Sections 467, 468, 471, 120(B), 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Condition to deposit 50% of salary – Sustainability of -- Allegation of fabricating documents and using them to obtain employment – High Court granted anticipatory bail with the condition that 50% of the salary earned by him for entire duration of the employment ought to be deposited within six months – Held, imposition of the condition is too onerous and cannot be sustained -- Condition set aside, petitioner ordered to be released on anticipatory bail.

(Para 1-3)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420 – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Respondent granted anticipatory bail subject to deposit of Rs. 75,000/- on offer made by him – Co-accused paid Rs.6,00,000/- to the petitioner to get concession of bail – Held, process of criminal law cannot be utilised for arm-twisting and money recovery, particularly while opposing the prayer for bail -- Recovery of money is essentially within the realm of civil proceedings – Criminal proceedings are being prosecuted only as money recovery proceedings -- Hence, the order granting pre-arrest bail to the respondents stands affirmed but, the condition therein, of payment of Rs.75,000/- by the respondent No.2, stands annulled.

(Para 10-16)

Indian Penal Code, 1860 (45 of 1860), Section 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Constitution of India, Article 136 -- Cheating – Anticipatory bail -- Complainant entered into an agreement to sell the property, and that despite obtaining more than Rs. 5 lakhs for executing that agreement, the petitioner executed a General Power of Attorney in favour of someone else for the same property – Dispute is also the subject matter of civil proceedings and suits for permanent injunction and specific performance are pending -- Petitioner was granted interim protection since the date of first hearing i.e. 08.07.2021 – SLP allowed, petitioner directed to be enlarged on bail.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 467, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Cheating and forgery -- Charge sheet submitted against the appellant -- State did not bring any material to show that there is necessity of custodial interrogation of the appellant – Appeal allowed, direction given that in the event of the arrest of the appellant, he shall be released on bail.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Essential Commodities Act, 1955 (10 of 1955), Section 3(2)(D), 7 -- Fertilizer (Control) Order 1985, Clause/Section 12 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Manufacturing fertilizer without any licence -- Appellant disclosed that he is cooperating with the investigating agency -- State also apprised that the appellant has attended the police station on 08.07.2022 – No necessity of custodial interrogation -- Appeal allowed, direction given that in the event of arrest of the appellant, he shall be released on bail.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Rape -- Petitioner married the complainant though he had not obtained a divorce from a prior marriage – Charge-sheet submitted, after investigation – Interim stay confirmed -- In the event of the arrest, petitioner ordered to be released on bail.

(Para 1-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Maintainability of – Arrest in another case -- Since the applicant is in custody in connection with another case, the present anticipatory bail application u/s 438 Cr.P.C. would not lie and would not be maintainable.

(Para 12)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(3), 14, 14A(2), 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Offence under SC/ST Act – Anticipatory bail – Jurisdiction of High Court -- The word bail in section 14A(2) would include anticipatory bail also – Firstly, the accused should have approached the Special Court for grant of anticipatory bail u/s 438 of the Cr.P.C. -- Appellate jurisdiction alone can be exercised by the High Court, order granting or rejecting the anticipatory bail u/s SC/ST Act shall be amenable to the appellate jurisdiction of the High Court u/s 14A of the Act and not Section 438 Cr.P.C.

(Para 13-26)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Disclosure statement -- Recovery of 1.700 kilograms of Chura Doda Post from co-acused – Petitioner named in disclosure statement -- It is a settled principle of law that anticipatory bail cannot be granted to an accused who has been named in the disclosure statement of the arrested accused -- No merit, petition dismissed.

(Para 6-10)