Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B, 147, 149, 188, 269, 270 -- Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail – Petitioner name come in disclosure statement – No specific attribution or any overt act is attributed to the petitioner -- None of examined prosecution witnesses named the petitioner to be amongst the assailants – Petitioner in custody for the last 02 years 09 months and 28 days, though involved in various other cases as well -- Only 09 witnesses have been examined so far out of 54 witnesses -- Conclusion of trial is likely to take long time to conclude -- Material witnesses have already been examined – Bail allowed.

(Para 8-12)

Indian Penal Code, 1860 (45 of 1860), Section 304 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Culpable homicide not amounting to murder – Regular bail -- Alleged occurrence, in which the three occupants of the car had given beatings to deceased and injured fled away -- None of the petitioners are named in the FIR, complainant did not disclose in the supplementary statement about the source, by which he came to know about the participation of the petitioners in the crime – Nothing in status report that whether any of the petitioners have any connection with that car -- Material witnesses have already examined --  Petitioners in custody for the last 1 year 2 months and 13 days and none of them have any other criminal case pending against them -- Trial may take time to conclude – Bail allowed.

(Para 7-10)

Indian Penal Code, 1860 (45 of 1860), Section 386, 120-B, 406, 420, 467, 469, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating – Extortion -- Regular bail -- Allegations against the petitioner are based upon the disclosure statement – He is in custody for the last 5 months and 22 days -- Although, he is involved in one more case, but has already been allowed bail -- Out of 14 witnesses cited by the prosecution, not even a single witness has been examined so far and thus, trial is likely to take long time to conclude -- The case is triable by Magistrate – Bail allowed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 307, 323, 324, 160, 148, 149,  212, 216, 120-B, 201  -- Arms Act, 1959 (54 of 1959), Section 25, 27, 54, 59 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- It is a case of version and cross version wherein both the parties have received injuries at the hands of each other -- Petitioner too have received injury in the occurrence -- Possibility of the trial concluding any time in the near future looks remote – Bail allowed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 302, 307, 160, 323, 324, 148, 149, 212, 216, 201, 120-B – Arms Act, 1959 (54 of 1959), Section 25, 27, 54, 59-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail -- Petitioner has clean antecedents and in the occurrence in question no specific role or injury has been attributed to him, other than his presence being reflected in the FIR -- Possibility of the trial concluding any time in the near future looks remote – Bail allowed.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 29, 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity -- Rigors of Section 37 of the NDPS Act – Regular  bail -- Petitioner in custody since 21.05.2022 and only 03 out of 17 prosecution witnesses has been examined so far -- He is also a first-time offender with no other case registered against him -- In this situation, the rigors of Section 37 of the NDPS Act can be diluted to an extent in view of the salutary provisions of Article 21 of the Constitution of India which provides for the right to a speedy trial and the case of the petitioner can be considered for the grant of bail – Bail allowed.

(Para 8-11)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail – Delay in FIR for more than 100 days -- Two others accused are there -- Only circumstantial evidence against the petitioner is her disclosure statement coupled with the recovery of knife allegedly used in the crime -- FSL report is not on record to show as to whether there were any blood stains on the knife and as to whether those blood stains matched with the blood of deceased or other physical evidence as collected from the spot -- Petitioner in custody for the last 3 years 6 months and 22 days with no other criminal case -- Out of 19 only 8 have been examined so far – Bail allowed.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 302, 120-B, 506, 34 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder – Regular bail – Speedy trial – Right of -- Petitioner suffered incarceration of 05 years, 08 months and 12 days -- Investigation is complete, challan stands filed, out of total 35 prosecution witnesses, 33 witnesses have been examined -- Trial will take long time, no useful purpose would be served by keeping the petitioner behind the bars for uncertain period -- Bail is a rule and jail is an exception – It would also violate Article 21 of the Constitution -- Bail allowed.

(Para 4-7)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 25, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS Case – Commercial quantity – Regular bail -- Circumstances raises a finger of serious doubts for date and time of taking the petitioner into actual custody by the police, he was actually abducted from Delhi one day prior to showing his date of arrest, have come on record which needs to be examined by leading evidence before the trial Court – Petitioner has already incarcerated for a period of 01 year 05 months and 29 days in custody -- Petitioner not involved in any other offence -- Trial is bound to take long time -- Petitioner cannot be detained behind bars for an indefinite period -- Article 21 of the Constitution provides for a right to speedy trial even to an accused -- Judicial precedent is also to be borne in mind that “bail is a rule” and “jail is an exception” – Bail allowed.

(Para 16, 17)

Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B, 153-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Offence under UAPA – Regular bail -- Secessionist slogans painted on the walls of College and School – Petitioner not named in the FIR, arraigned as an accused on the statement of co-accused in another case -- Recovery of paint, clothes and mobile phone effected from the appellant in connection with the investigation in another FIR, no recovery made from him in the instant case -- No material to indicate that any monetary transactions had taken place and that the appellant had used a particular mobile phone for recording the incident and sending it to other accused -- Appellant in custody for 01 year and 09 months – Challan filed but charges are yet to be framed, prosecution cited 14 witnesses, therefore, the conclusion of trial would take some time – Bail allowed.

(Para 5-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A(4) – Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case – Default bail -- Extension of time for investigation for another 180 days – Report of Public prosecutor – Requirement of -- Application for extension reveals that it was prepared by the Investigating Officer and forwarded by the Public Prosecutor, with no report submitted by the Public Prosecutor as per the mandate of Section 36A(4) of the NDPS Act -- Held, there has thus, been a failure to adhere to the requirements outlined in section 36A(4) of the NDPS Act -- Order of the trial Court granting extension of time to the investigating agency for completing investigation was erroneous -- Consequently, the impugned order set aside -- As a sequel to the above, since the investigation remained incomplete on the day application u/s 167(2) of the Cr.P.C. was filed by the petitioner, he deserves to be enlarged on default bail – Default bail allowed.

(Para 11-14)

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 302, 120-B, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder -- Regular bail -- Petitioner not named in the FIR but his name has been mentioned in the disclosure statement of co-accused -- Even during the course of the Trial the witnesses not properly identified the petitioner -- A co-accused though a juvenile treated as an adult has been granted the concession of bail -- Petitioner is otherwise a first time offender, in custody since 16.09.2021 and only 07 of the 35 Pws had been examined so far -- Trial is not likely to be concluded anytime soon – Bail allowed.

(Para 6-8)

Central Goods and Services Tax Act, 2017 (12 of 2017), Section 132 -- Integrated Goods and Services Tax Act, 2017 (13 of 2017), Section 20(XV) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – FIR under GST laws -- Regular bail -- Criminal liability of the petitioner is yet to be decided by the trial Court during the course of trial -- Petitioner was arrested on 19.04.2023 and the maximum sentence provided under the statute is five years -- Prosecution is based on the testimonies of official witnesses and the petitioner may not be in a position to influence the witnesses -- Even otherwise, the petitioner cannot be confined in jail as an under-trial for an indefinite period – Bail allowed.

(Para 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Default bail – Non-furnishing of bail bonds – Cancellation of bail – Permissibility of -- Non-presentation of final report within the stipulated period creates an indefeasible right in favour of the petitioner and which cannot be extinguished by subsequent filing of the final report -- Indefeasible right could not be extinguished merely because the petitioner could not furnish his bail bonds.

(Para 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8(c), 20(b)(ii)(c), 25 and 29(1) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- No effective steps taken to conclude the trial -- Petitioner was arrested on 11.03.2022 and is in custody since then -- Bail declined, the Special Judge directed to make an endeavour to conclude the trial expeditiously and preferably within six months.

(Para 5, 7)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 (c), 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – High Court rejected the bail – Appellant   in custody for approximately 1 year 9 months -- Charge-sheet filed on 18.7.2022, additional charge-sheet has to be filed and 20 witnesses are to be examined in the trial -- In the earlier case the petitioner acquitted, as he is a trader dealing in medical products – Bail allowed.

(Para 3-7)

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)

Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 506, 120-B -- Haryana Protection of Interest of Depositors in Financial Establishment Act, 2013 (32 of 2014), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating with investors – Regular bail -- Amount of Rs.7 lakh deposited in the account of petitioner by the complainant -- Petitioner arrested on 28.12.2020, only 11 witnesses out of the 68 cited by the prosecution have been examined till date -- Husband of the petitioner, who is the prime accused is behind bars – Whole case of the prosecution rests on documentary evidence, which has already been collected by the police and is part of the challan – Bail allowed.

(Para 3-7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 – Regular bail -- Speedy trial -- “Bail is the Rule and Jail is an Exception” -- Right to a speedy trial is one of the rights of a detained person -- However, while deciding application for regular bail, the Courts shall also take into consideration the fundamental precept of criminal jurisprudence, which is “the presumption of innocence”, besides the gravity of offence(s) involved.

(Para 8)

B. Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 4, 18 -- Indian Penal Code, 1860 (45 of 1860), Section 377, 511 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – POCSO -- Attempt to unnatural offence -- Regular bail -- Petitioner is not involved in any other criminal case -- Statement of victim (minor child), recorded u/s 164 Cr.P.C, does not support the case of prosecution -- No fruitful purpose would be served by keeping the petitioner behind the bars, who has faced incarceration of about 07 months and 10 days -- Trial is not likely to conclude anytime soon – Bail allowed.

(Para 1, 12)

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 302, 201, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder of husband – Regular bail -- Petitioner was arrested on 01.04.2021 and is in custody since then -- Out of 13, 4 witnesses, who are private and vital witnesses, have been examined -- Taking into consideration the period already spent by the petitioner in custody, coupled with the fact that she is required to take care of her three minor children, however, without expressing any views on the merits of the case, bail granted.

(Para 4, 5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 374, 389 -- Fixed sentence – Appeal against conviction – Suspension of sentence -- Out five years, the appellant has undergone half of the sentence – Appeal not likely to reach before he completes the entire sentence, a case is made out for grant of suspension of sentence – When there is a fixed term sentence and especially when the appeal is not likely to be heard before completing entire period of sentence, normally suspension of sentence and bail should be granted.

(Para 1-6)

A. Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 13 -- Constitution of India, Article 22(5) – Preventive detention – Bail -- If detaining authority is apprehensive that in case detenu is released on bail he may again carry on his criminal activities, then in such situation, the authority should oppose the bail application and, in the event, bail is granted, the authority should challenge such a bail order in the higher forum and that merely on the ground that an accused in detention is likely to get bail, an order of preventive detention should not ordinarily be passed.

(Para 12)

B. Jammu and Kashmir Public Safety Act, 1978 (VI of 1978), Section 13 -- Constitution of India, Article 22(5) – There is no live link between the last activity and impugned detention order because FIR has been taken into account by detaining authority while passing order impugned, unmindful of the fact that detenu has been bailed out in the said FIR and there have been no further activities alleged against detenu -- Impugned order of detention quashed, respondents directed to set the detenu at liberty forthwith.

(Para 13, 14)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34, 362, 201, 392, 411, 414 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- Murder – Regular bail -- Petitioner in custody since 8.10.2018 but only 02 of the 33 prosecution witnesses have been examined so far -- Article 21 of the Constitution of India provides for a right to speedy Trial which prima facie seems to have been violated in the instant case -- Further incarceration of the petitioner is not required – Bail allowed.

(Para 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)

Negotiable Instruments Act, 1881 (26 of 1881), Section 138, 148 – Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Appeal in cheque bounce conviction – Suspension of sentence – Deposit of 20% compensation -- Appellate Court passed order in a mechanical manner without giving any reasons directing the petitioner to deposit 20% of the compensation amount awarded by the trial Court within 60 days – Direction to deposit 20% of compensation amount set aside, appellate Court directed to reconsider the application filed by the petitioner seeking suspension of sentence in the light of the law laid down by the Hon’ble Supreme Court in Jamboo Bhandari’s case 2023 (10) SCC 446 -- Till fresh orders are passed, no coercive steps shall be taken against the petitioner.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Section 323, 342, 379-B, 384, 506, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching case – Regular bail -- Petitioner in custody since 21.07.2023 -- None of the 13 prosecution witnesses have been examined so far -- Trial is not likely to be concluded anytime soon -- Compromise arrived between the parties – Bail allowed.

(Para 7, 8)

Indian Penal Code, 1860 (45 of 1860), Section 302, 148, 149, 323, 324, 325, 326, 506, 201, 120-B -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r), 3(1)(s) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail -- 13 out of 24 witnesses cited by the prosecution have already been examined and trial may come to an end early -- Material witnesses have not supported the prosecution case -- It will not be proper to keep the appellants detained, once it has come in the testimony of the material witnesses that appellants are not the assailants – Bail allowed.

(Para 7-9)

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)

Essential Commodities Act, 1955 (10 of 1955), Section 7 -- Indian Copyright Act, 1957 (14 of 1957), Section 63 -- Indian Penal Code, 1860 (45 of 1860), Section 120-B, 272, 273, 420, 467, 468, 471 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Misbranded food – Regular bail -- Samples found to be of sub-standard -- Labels of some renowned companies were also found and the spurious ghee was being sold -- Accused were also possessing and selling mis-branded food – It is a moot point as to whether provisions of IPC can be attracted -- Investigation already completed, challan filed – Custody for the last more than 06 months -- Trial may take time to conclude – Bail allowed.

(Para 10, 11)

Indian Penal Code, 1860 (45 of 1860), Section 302, 34, 109, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 101(5) – Murder -- Juvenile in conflict with law – Regular bail -- Except the personal opinion expressed by the Children’s Court, there is nothing to suggest that the petitioner would face wrath and outrage from the members of the society in case he is granted the concession of bail – Petitioner is in custody since 14.07.2022 and none of the 37 prosecution witnesses had been examined so far, therefore, the trial of the present case is not likely to be concluded anytime soon -- Further incarceration of the petitioner is not required – Petition allowed.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 323, 34, 341, 365, 379-B, 201, 325, 367 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching case – Regular bail -- Case of version and cross-version, in which both the parties have sustained injuries -- Simply because the complainant party received more injuries comparing to the petitioners, it cannot be adjudicated at this stage as to who was the aggressor, as it will be a matter of trial – Having regard to all the facts and circumstances, petitioners admitted to regular bail.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 384, 506, 420, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Extortion – Regular bail -- Petitioner is in custody since 23.08.2023 and none of the 08 prosecution witnesses have been examined so far -- Trial of the present case is not likely to be concluded anytime soon -- Further incarceration is not required, moreso, when a co-accused has been granted the concession of bail – Bail allowed.

(Para 4-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail -- Petitioner was found in possession of an intermediate quantity of heroin and a small quantity of Charas, hence, rigours of Section 37 of the NDPS Act do not apply -- Petitioner was selling narcotics to various persons -- Statement of any purchaser was not recorded to show that he had purchased the narcotic from the petitioner -- Version that the petitioner is a Drug Peddler is not acceptable -- Petitioner in custody since 19.10.2023 -- Result of analysis is awaited, challan is not likely to be filed soon and the trial of the case will take some time -- Petitioner was found involved in NDPS Act for the first time and he deserves a chance to reform himself -- Continued detention of the petitioner in custody will make the chance of reformation bleak as he will come in contact with the hardened criminals – Bail allowed.

(Para 11-16)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Disclosure statement -- Petitioner cannot be detained in custody based on a statement made by the co-accused and the call details as these do not constitute a legally admissible piece of evidence -- Petitioner ordered to be released on bail.

(Para 16, 17)

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)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 – Bail in 41 FIRs – Common surety – Bail bond – Petitioner was involved in 41 cases of similar nature – Petitioner was ordered to be released on bail, however, even after a lapse of considerable period, the petitioner has not been released on bail on account of his inability to give separate sureties/personal bonds in each and every case –  Held, condition of furnishing a surety in each and every case separately, would be highly onerous – Trial Court/ Illaqua Magistrate/ Duty Magistrate directed to release the petitioner on bail in all the 41 cases on his executing one personal bond, in each case, as well as four common sureties, which would hold good for all the 41 cases.

(Para 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 20, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case -- Commercial quantity – Regular bail -- Alleged recovery of charas was 3.428 kgs -- Since only two samples of 26 grams each were sent to chemical examination that too without making the entire bulk homogenous, recovery, if any, from the bail petitioner can be said to be only of 52 grams, which is a small quantity -- Rigours of Section 37 of the Act not attracted – Bail allowed.

(Para 8-17)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity -- Regular bail – Recovery of 2400 tablets of ‘Parvion Spas’ -- Petitioner in custody since 28.07.2021 -- Trial is unlikely to conclude in the near future -- Court deemed it appropriate to allow the petition by dispensing with the conditions of Section 37 of the NDPS Act – Bail allowed.

(Para 3, 8)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 – Constitution of India, Article 21 -- Regular bail -- Interim bail – High Court was of the view that prolonged incarceration with no prospect of the trial coming to an end makes a case for the grant of bail -- High Court granted bail only for 45 days by describing it as an interim bail -- But after granting the interim bail finally disposed of the bail application – Held, if an order granting interim bail was to be passed, the bail application should have been kept pending – When a Court concludes that the accused is entitled to be enlarged on bail pending trial, granting bail only for a limited duration is illegal -- Such orders violate the right to liberty under Article 21 of the Constitution of India -- It puts an additional burden on the litigant as he is forced to file a fresh bail application for an extension of the bail granted earlier -- Appeal allowed, by modifying the impugned order, appellant enlarged on bail until the final disposal of the case.

(Para 4-9)

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 302, 323, 325, 148, 149 -- Arms Act, 1959 (54 of 1959), Section 25, 54, 59 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(2)(v) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail -- Role and injury attributed to the appellant is on the thumb of the complainant -- Appellant in custody since 17.08.2022 -- As many as 20 witnesses have been cited by the prosecution and the evidence is yet to start, hence, the trial would take considerable time to conclude – Concession of bail granted to petitioner.

(Para 3-6)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c), 29, 37 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Commercial quantity – Regular bail -- Petitioner in custody for the last 01 year, 03 months and 29 days involved in two more cases u/s 22(c) and 29 of the NDPS Act and u/s 325, 323, 34 of IPC – Petitioner was nominated only on the basis of disclosure statement -- Charges were framed on 04.09.2023 and out of 19 witnesses none has been examined so far, thus trial is likely to take time to conclude – Held, no purpose shall be served by keeping the petitioner detained -- Though recovered quantity falls in the commercial category, but the rigor of Section 37 of the NDPS Act is required to be balanced with Article 21 of the Constitution of India – Petitioner ordered to be released on regular bail.

(Para 6-10)

Indian Penal Code, 1860 (45 of 1860), Section 379-B(2), 34, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Snatching case – Regular  bail -- Petitioner is behind the bars since 25.05.2023 -- Final report u/s 173 Cr.P.C. was presented before the concerned Court on 25.08.2023 and out of 15 prosecution witnesses none has been examined so far -- Charges are yet to be framed -- Trial of the case would take long time to conclude – Bail allowed.

(Para 6-8)