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“Under Section 482(1) BNSS, a pre-arrest bail is maintainable only by a person who has reason to believe that he might be arrested for having committed a non bailable offence. The provision safeguards individuals from the possibility of being arrested with malicious intent, and pre-arrest bail must be sought only before an arrest is made.”
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
“Custodial interrogation of the accused/applicant is necessary in order to unearth if more children in similar fashion have been trafficked by the accused/applicant for being used in commission of crimes.”
In the present case, the appellant is accused of assaulting the informant’s family and firing shots. The police recovered cartridges and bullets at the scene. The appellant submits that he has been falsely implicated. However, his anticipatory bail was rejected, leading to this petition.
“Intimacy is normal between every married couple, however, the same has to be a consensual and mutually respectful act.”
“The allegations are serious, credible evidence and materials are being collected by the investigating agency and there might be likelihood of custodial interrogation of the appellant.”
“The discretionary relief of anticipatory bail is not meant to shield persons who, prima facie, appear to have participated in acts undermining public order and the sanctity of judicial institutions.”
The nurse contended that after cognizance was taken, she moved several applications on every date for exemption of her personal appearance as she was pregnant and unable to appear before the Trial Court.
“The passport functions as an indispensable document of nationality and identity, the condition for its deposit must be predicated upon a considered assessment of objective parameters indicating a clear and imminent threat of flight risk or obstruction of justice, thereby ensuring that such condition adheres strictly to the doctrine of proportionality.”
In the case at hand, two people met through jeevansathi.com and subsequently physical relations were formed on various occasions on the false pretext of marriage.
“The offence alleged in the FIR, which pertains to deceitfully obtaining money from innocent individuals under the pretext of securing government jobs cannot be viewed as merely private dispute between the accused and duped victims.”
“The allegations in the present case are not merely of a single isolated incident but reveal troublesome conduct of the accused spanning over several months, involving physical intimidation and digital harassment.”
“Beyond the immediate family, such acts corrode social conscience, and strike at the hope of a society to be free from discrimination. If such practices are allowed to continue, it would send a message that human life has little value.”
“She was under trauma and a sense of shame that had precluded her from disclosing anything to her parents and the police, as evidenced from her statement that she did not want to be medically examined in presence of her parents or inform the police about it, while her parents were present.”
The audience may be influenced by the material posted by social medial influencers and thus even if the content is deleted after being posted, it would reach a large set of audience, leading to republishing of the same and sparking a debate, which eventually affects the victim.
“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”
Allegedly, the accused persons had hired 30-40 masked men to criminally trespass Hotel Sarovar Portico, Vasant Kunj, due to ongoing dispute over the possession and ownership of the same.
“A balance has to be struck to protect individual liberty of accused and to secure an environment that is free from any fear in the hearts of victims of the alleged perpetrators. Although grant of bail is a discretionary exercise, the courts must be cautious to exercise the discretion judiciously.”
“If he will be allowed to go scot free, message will go in the society that anything can be stopped to be delivered by a Judge for if such type of hooliganism is made in the open Court.”
The accused had been denied anticipatory bail by orders of the High Court as well as the Supreme Court which had been overlooked by the Judicial Magistrate and the Sessions Court while entertaining applications for anticipatory bail.