Bail Archives

HP HC | Can bail be granted in cases where an accused is a foreign national and cannot furnish local surety in terms of S. 439 Cr PC? HC explains

Himachal Pradesh High Court: Anoop Chitkara, J., granted bail and held that the law under Section 439 CrPC is very clear and

Case Briefs High Courts

Telangana HC | Accused under NDPS Act granted bail in view of peculiar situation of COVID-19 Pandemic

Telangana High Court: G Sri Devi, J. addressed a petition filed under Sections 437 and 439 of Criminal Procedure Code, 1973 to

Case Briefs Supreme Court

Gangster previously prosecuted in 15 cases gets bail in a murder case! Supreme Court sets aside Allahabad High Court order

“There is no doubt that liberty is important, even that of a person charged with crime but it is important for the courts to recognise the potential threat to the life and liberty of victims/witnesses, if such accused is released on bail.”

Case Briefs High Courts

Del HC | Allegations against rioter Shahrukh not confined to participation, but leading large crowd releasing open fire shots: Bail denied to Delhi Riots accused

Delhi High Court: Suresh Kumar Kait, J., denied bail application of a person named Shahrukh that headed the large crowd, holding a

Case Briefs High Courts

[Human Trafficking] HP HC | A woman accused cannot claim her entitlement for bail only for her womanhood, but discretion has been given to Court; Bail granted

Himachal Pradesh High Court: Vivek Singh Thakur, J., granted regular bail on grounds that she is a mother of an infant child

Case Briefs High Courts

P&H HC | Prosecutrix who recorded allegations under S. 164 CrPC turned hostile during deposition before Court; Not enough reason to grant bail

Punjab and Haryana High Court: Avneesh Jhingan, J. dismissed the petition on the grounds discussed below. The facts of the case are

Case Briefs High Courts

[S. 376 IPC] Ori HC | Bail rejected subject to the plight of the victim and the probability of the accused tarnishing the dignity of the victim and her family

Orissa High Court: S. K. Panigrahi, J. dismissed the bail application as there was a clear possibility of further danger to the

Case Briefs District Court

Toolkit Case | Freedom of speech includes ‘Right to seek a Global Audience’, Court draws distinction between dissenting opinion & seditious activities: Bail Granted to Disha Ravi || Detailed report

Sessions Court: Dharmendra Rana, ASJ-02 disposed of Disha A. Ravi’s application for grant of bail. Applicant’s counsel submitted that the applicant/accused had

Case Briefs High Courts

P&H HC | A juvenile has to be released on bail mandatorily unless and until exceptions carved out in proviso to S. 12 (1) of J.J. Act, 2015 itself are made out

Punjab and Haryana High Court: Jai Shree Thakur J., set aside the impugned order and allowed the appeal. The facts of the

Case Briefs High Courts

[POCSO Act] HP HC | Bail granted in a case where a major developed consensual sexual relations with a minor, in light of mitigating factors; Petition allowed

Himachal Pradesh High Court: Anoop Chitkara J., allowed the petition and reduced the sentence to the period of imprisonment already undergone. Background

Case Briefs Supreme Court

CAA Protests| No bail to activist Akhil Gogoi “at this stage”: Supreme Court

Supreme Court: The 3-judge bench of NV Ramana, Surya Kant and Aniruddha Bose, JJ refused to grant bail to activist Akhil Gogoi

Op Eds OP. ED.

Gamut of Section 436-A of the Code of Criminal Procedure: An Analysis

by Gaurav Thote†

Case Briefs Supreme Court

Supreme Court grants interim bail to comic Munawar Faruqui; stays Madhya Pradesh High Court’s judgment [Read order]

Supreme Court: In a big relief to Munawar Faruqui, the bench of RF Nariman and BR Gavai, JJ has granted interim bail

Case Briefs Supreme Court

Najeeb KA, accused of chopping off Kerala professor’s palm over “objectionable” question, gets bail. Read why Supreme Court upheld bail despite finding charges against him “a serious threat to societal harmony”

Najeeb, who along with some other members of Popular Front of India (PFI) had chopped¬off the professor’s right palm, has been in jail for much more than five years and there are 276 witnesses left to be examined.

Case Briefs High Courts

MP HC | “The goals enshrined under Art. 51A(e) and (f) are part of our vibrant Constitution and not dead letters”; HC rejects bail application of Comedian Munawar Faruqui

Madhya Pradesh High Court: Rohit Arya, J., in a controversial case regarding the use of insulting and unparliamentary language during the show,

Case Briefs High Courts

Utt HC | Cash can be deposited in lieu of surety bond as per S. 445 of CrPC for attainment of bail: Order of rejection duly quashed

Uttaranchal High Court: “Whether cash can be deposited in lieu of surety bond for bail” was the issue decided by Alok Kumar

Case Briefs High Courts

All HC | [Bail under SC/SCT (POA) Act] Failure to serve notice of bail upon victim, is failure of State to perform its statutory function; Accused cannot be visited with penal consequences for default of the State

Allahabad High Court: Ajay Bhanot, J., while allowing the present petition, on e-bail applications, said, “The process of law cannot move at

Case Briefs High Courts Tribunals/Commissions/Regulatory Bodies

Yearly Wrap Up | A Reflection on 2020

It’s the last day of 2020, and here we are with the 20 most-read Case Briefs of the SCC Online Blog in

Case Briefs Supreme Court

Triple Talaq| No bar on granting anticipatory bail for an offence committed under the Muslim Women (Protection of Rights on Marriage) Act, 2019: Supreme Court

Supreme Court: The 3-judge bench of Dr. DY Chandrachud*, Indu Malhotra and Indira Banerjee, JJ has held that there is no bar

Case Briefs High Courts

[NDPS] Bom HC | Will the weight of paper containing dried LSD drops of LSD solution be counted while determining its quantity? HC explains

Bombay High Court: Sandeep K. Shinde, J., granted bail to a person from whom LSD drops of LSD solution and charas was recovered