Bail Denied to Judicial Officer Accused of Stealing from a Judge’s Residence: Here’s What the Patiala Court Said
“The offence alleged strikes at the integrity, expected from a public servant more particularly a judicial officer.”
Pre-Arrest Bail
J&K and Ladakh HC| No Bar on Anticipatory Bail under S. 18 SC/ST Act on Absence of Prima Facie Disclosure of Ingredients of Offence
“Courts in exercise of criminal jurisdiction to consider a bail plea cannot embark upon a ‘mini trial’ to resolve factual disputes, and therefore, whether the word ‘chinal’ was caste-based, gender-specific, or a religious symbol could only be decided during a full-dressed trial and cannot be considered in a bail plea.”
Pre-arrest bail not maintainable after arrest and release on transit bail; Accused can only seek regular bail: Kerala HC
“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.”
Anticipatory bail ordinarily continues without fixed expiry unless special reasons recorded: Supreme Court
“The filing of a charge-sheet, taking of cognizance, or issuance of summons does not terminate protection unless special reasons are recorded.”
Allahabad High Court anguished over callous approach of Investigating Officer; denies anticipatory bail to alleged Kingpin of Rohingya Funding Syndicate
“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.”
‘Deposit of passport’ cannot be imposed routinely as bail condition: P&H High Court quashes bail condition in idol demolition case
“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.”
Bar on grant of anticipatory bail under S. 18 SC/ST Act not applicable when application filed under S. 482 of BNSS: Allahabad High Court
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.
Compromise cannot wipe out criminal liability in cheating affecting public trust: Punjab and Haryana High Court denies anticipatory bail
“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.”
Delhi HC: No anticipatory bail to law student who harassed complainant, posted obscene content, and made derogatory posts against Judge and Police
“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.”
Each instance of sex determination undermines value of female life, endangers pregnant women to unsafe medical procedures: Delhi High Court
“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.”
Friendship gives no license to rape, confine and beat mercilessly: Delhi High Court denies anticipatory bail in POCSO case
“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.”
Orissa HC quashes POCSO Court’s bail denial to school Principal accused of failing to report sexual harassment complaint of student
“It is strange, but true that despite making an in-depth analysis of facts and allegations raised against the petitioner, the Trial Court has rejected the bail application of the school Prinicipal and remanded him to custody.”
Delhi High Court grants anticipatory bail to Ajaz Khan over sexually explicit remarks against Harsh Beniwal’s family
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.
‘Technology boon effectively misused to evade law enforcement’: Delhi High Court denies pre-arrest bail in digital fraud case
“There were serious allegations of digital frauds where complex technological mechanisms were employed to defraud gullible victims.”
Punjab & Haryana HC criticizes indiscipline but grants anticipatory bail to Judge’s PSO accused of attempting to open fire on Court officer
“The allegations leveled by the Chief Court Officer against the Judge’s personal security officer are serious in nature and being a member of the disciplined force, he is also expected to behave in a responsible manner. Even otherwise, he was on security duty before this Court, and he should have acted in a more disciplined and careful manner.”
‘Cow slaughter committed repeatedly strikes the core of constitutional morality & social order’: Punjab & Haryana HC denies anticipatory bail to habitual offender
“This Court cannot remain oblivious to the fact that in a pluralistic society like ours, certain acts like cow slaughtering can have severe repercussions on public peace when they offend the deeply held beliefs of a significant population group”.
Can clicking a woman’s photograph attract the offence of stalking under S. 78 BNS? Himachal Pradesh HC answers
“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.”
Kerala HC denies anticipatory bail to nine persons accused of assaulting Advocate for drafting complaint against them
“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.”
‘BNSS removed statutory bar imposed by UP Amendment on anticipatory bail under S. 438(6) CrPC’; Allahabad HC grants pre-arrest bail to 78-year-old man in 2011 murder
“The removal of the statutory bar contained in Section 438(6) of the CrPC from the new statutory framework under the BNSS represents a conscious legislative decision to expand the scope of anticipatory bail and enhance the protection of personal liberty.”
Misappropriation of bail surety amount | SC grants anticipatory bail to former Nagaland Principal District Judge
It had been alleged that the while serving as Principal District Judge, the petitioner had misappropriated Rs 14,35,000 which was allegedly deposited as bail surety.