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The Court further emphasised the well-settled legal principles that bail is the rule, and jail is the exception, and that an accused must be presumed innocent until proven guilty.
“Bihar Prohibition and Excise Act does not prohibit sale etc. of the non-alcoholic substances in conformity with the standard set by the BIS”
“It is quite unfortunate that the Allahabad High Court has illogically turned down the prayer for grant of anticipatory bail to the petitioner who is a 71-year-old woman, and when she is neither seller nor purchaser nor a witness or the beneficiary of the sale deed dated.”
It is well known that in complaints of these kinds sometimes even neighbours or match-makers are indicted and as such to hold that this kind of FIR were to be accepted, to exclude any person from public employment, would be a travesty of justice.
“Making statements such as, the wife does not wear proper clothes or was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment as per the explanations given in Section 498-A of the Penal Code, 1860.”
The Court emphasised that the manner of the commission of offence, its location and the post-incident conduct of the accused raised serious concerns regarding possibility of obstruction of justice if the bail is granted to the applicant.
It is submitted that though there was fighting at public place, due to that fighting, there was no disturbance to the public peace, which is an essential ingredient of Section 159 of Penal Code, 1860. Therefore, as there is no breach/disturbance to the public peace, no offence is made out.
The inquiry led to NHRC recommending Rs. 10 lakh relief for each of the 7 deceased patients’ families, directing FIRs against the doctor and hospital owner, and a nationwide verification of Cath Labs.
“Section 173 of the BNSS granted statutory recognition to the concept of Zero FIR, which now deals with the registration of FIRs in cognizable cases. Zero FIR has been introduced with the primary purpose of ensuring that victims can file complaints regardless of jurisdiction.”
The Court clarified that the grant of interim bail was intended solely to assist in the ongoing investigation. Additionally, it instructed Professor Mahmudabad to provide a single bail bond covering both FIRs and to submit his passport to the Chief Judicial Magistrate.
The wife had alleged that she married the Appellant-husband because he was an Eye Surgeon, but he turned out to be an Optometrist.
“Even if the litigants do not understand what is in their best interest, it is the duty of the Court to deliver substantial justice.”
Counsel for the appellant argued that allegations in the FIR do not constitute any offence. If any averment made in the written statement or the affidavit filed before the Civil Court is incorrect or false, it is for the Civil Court to decide the same.
“Statement of prosecutrix recorded under Section 164 of CrPC cannot be given preference over the FIR and the statement recorded under Section 161 of CrPC.”
FIR filed electronically has to be signed by the informant within 3 days.
The special court passed the order on the complaint filed by Sapan Shrivastava, a media reporter, seeking investigation into the alleged offences committed by the accused persons, involving large scale financial fraud, regulatory violations, and corruption.
The complainant is asserted to be an extremely influential person, who runs a number of famous Night Clubs in Delhi and has close proximity with high-ranking police officials and deep-rooted connections with gangsters Lawrence Bishnoi and Goldy Brar.
Such matters are now filed in the heat of the moment on advice of counsel by exaggerating and misconstruing actual events. However, this does not mean that genuine cases of harassment didn’t exist, and it is not blind to the ground reality of the deeply rooted social evil of greed for dowry.
“A reading of the complaint does not attract the provisions of Section 75 of BNS or Section 4 of the Prohibition of Harassment of Women Act. Furthermore, as the other offences are bailable, I am inclined to grant bail to the accused with certain conditions.”
“Launching of prosecution by the complainant is nothing, but an example of giving a cloak of criminal offence to the contractual matter of procurement and transportation of foodgrains”.