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The Court emphasised that constitutional guarantees cannot depend upon the nature or gravity of the alleged offence. The Constitution cannot be interpreted in a vacuum or based on “ifs and buts”.
The Himachal Pradesh High Court granted regular bail in an abetment of suicide case, holding that a contemporaneous suicide note absolving all persons of responsibility carried greater prima facie value than earlier allegations of harassment and failed to disclose any proximate act of instigation.
The High Court denied pre-arrest bail to a media editor accused of falsely alleging that a Minister attempted to bribe him, holding that the materials on record did not warrant the exceptional remedy of pre-arrest bail.
The Court modified the impugned condition and directed that an advocate would be permitted to remain at a place from where he could see the respondent but would not be permitted to intervene in the investigation “at any cost”.
The Court held that although allegations of fraudulent availment of Input Tax Credit under the CGST Act constitute serious economic offences, arrest cannot be made as a matter of course. Where the investigation is primarily based on documentary evidence already in the custody of the authorities and custodial interrogation is not shown to be indispensable, anticipatory bail deserves to be granted subject to appropriate safeguards.
“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.”
“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 prosecution could not convince the Court that the custodial interrogation of the accused was necessary but opined that he must subject himself to interrogation for the purpose of completing the investigation under a limited custody”
“Section 78 BNS punished a person who followed a woman and contacted her to foster personal interaction repeatedly despite a clear indication of disinterest by her or monitored her internet use, email or other form of electronic communication.”
“The fundamental right to have access to courts of law is enabled largely through advocates. If advocates are attacked for drafting complaints, the rule of law will suffer.”
Considering the seriousness of the allegations against the accused, the Court viewed that custodial interrogation was necessary.
The Court directed accused to handover his all electronic gadgets like mobile, laptop etc. to the investigating agency along with the password of his all social media platforms like Facebook, Instagram, whatsapp etc. for the investigation.
“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.”
It is a strange paradox that the applicant claims he is area in charge of “Aman Committee”, but has not joined investigation of offences which have defeated the very purpose and aim of such committee
Delhi High Court: Asha Menon, J., expressed that, personal liberty is a very precious fundamental right and it should be curtailed only
Bombay High Court: Sarang V. Kotwal, J., on noting that the husband and wife cannot live together and there were constant quarrels
Delhi High Court: Subramonium Prasad, J., granted bail to a person accused of kidnapping a minor, which eventually in view of the
Tripura High Court: S.G. Chattopadhyay, J., rejected a bail application which had been filed by accused petitioner for granting pre arrest bail
Himachal Pradesh High Court: Vivek Singh Thakur, J., dismissed the petition and approved the prayer for custodial interrogation. The facts of the
Kerala High Court: Raja Vijayaraghavan V, J., allowed pre-arrest bail to the applicant accused of raping a women whom he allegedly met on