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“Excessive bail is no bail. To grant bail and thereafter to impose excessive and onerous conditions, is to take away with the left hand what is given with the right”
Allahabad High Court said that no new ground has been taken by the accused in the second bail application
The Court took serious note of distortions in the chargesheet vis-a-vis attributing certain statements to the protected witness, which he did not make, stating that NIA owes an explanation, and the investigating machinery must be fair.
Allahabad High Court said that the informant in her statement recorded under Section 164 CrPC had categorically submitted that she was forced to accept ‘Islam’ and Nikaah was performed. Thus, the applicant being “Religion Convertor” is equally liable under the Act, 2021.
The State Tiger Strike Force recovered a nylon bag which contained 49 bones, 14 nails, and 31 mustache hairs of a tiger from applicant 1.
Supreme Court had previously released Sunil Agrawal on interim bail vide order dated 17-05- 2024 and had noted that he had made out a prima facie strong case for his enlargement on interim bail.
“Youth forms the basic unit of the society. The harmony of the society depends on its younger members. When the members of society become drug abusers then it disturbs the entire societal harmony.”
The SIM card purchased by the co-accused after the alleged murder was used to misguide the investigation of the case and the family members of the deceased girl.
The Court dismissed the bail application with the liberty to the applicant to renew his bail application after the co-accused surrenders.
The Court refrained from commenting on the merits of the contentions of either party, as trial was pending in the matter.
The Court stated that the accused had not only cheated the public at large but also attempted to disrespect the noble legal profession.
In Lakhimpur Kheri violence, four farmers, one journalist, the driver of one of the vehicles, and two others, were killed. Nearly ten farmers suffered major and minor injuries
“It was imperative on the part of the Investigating Officer that investigation of an offence such as dowry-death maintains a high level of accuracy and candidness.”
“The Parliament, after considering a spate of reports highlighting the flourishing human organ trade in India and the consequential exploitation of the economically vulnerable segments of the society through organ removal, and illegal transplants, for prohibiting the unethical practice, enacted the Transplantation of Human Organs and Tissues Act, 1994”
The Court referred to Niranjan Singh v. Prabhakar Rajaram Kharote (1980) 2 SCC 559, wherein it was explained that no lexical dexterity nor precedential profusion is needed to come to the realistic conclusion that he who is under the control of the court or is in the physical hold of an officer with coercive power is in custody for the purpose of Section 439, CrPC.
The Court opined that though the jail authorities had claimed that adequate treatment will be provided to the accused, but considering his condition, he deserves the benefit of granting bail.
“The Court said that even though the petitioner’s conduct in jail was ‘unsatisfactory’, he had already been punished for the offences committed in the prison and had already atoned for them.”
“Glorification of an accused is fundamentally detrimental to the interests of society and undermines the integrity of the justice dispensation system.”
“The well-known principle of “Presumption of Innocence Unless Proven Guilty,” gives rise to the concept of bail as a rule and imprisonment as an exception.”
“It is against the Constitutional mandate of Article 25 of the Constitution which does not provide for religious conversion, it only provides freedom of conscience and free profession, practice and propagation of religion.“