Regular Bail

bail in POCSO case
Case BriefsHigh Courts

The Court noted that the applicant and the prosecutrix were in a love relationship for a few months prior to the date of the incident.

Sahara Group money laundering
Case BriefsSupreme Court

Supreme Court granted bail in a Sahara Group money laundering case, taking note of the appellant’s 15-month incarceration and the nascent stage of the trial. The Court also directed the trial court to frame charges within 4 months

Disclosure by co-accused
Case BriefsHigh Courts

The Himachal Pradesh High Court granted bail, holding that a co-accused’s custodial disclosure is inadmissible against another accused, and that continued detention without a specific attributed role would amount to pre-trial punishment.

Suicide note absolving accused
Case BriefsHigh Courts

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.

Bail to Woman Accused in Murder Case
Case BriefsHigh Courts

Delhi High Court granted regular bail to a woman accused in a murder case, taking note of her prolonged incarceration, lack of a specific role in the offence, absence of CDR material placing her at the crime scene and her status as a woman and mother of 3 minor children.

balaramapuram child murder case
Case BriefsHigh Courts

Addressing the grave allegations in the Balaramapuram child murder case, the Kerala High Court held that despite the brutal nature of the offence, the absence of direct evidence linking the mother to the act and her delayed implication warranted her release on bail.

criminal antecedents in bail cases
Case BriefsSupreme Court

The Supreme Court set aside bail granted to 3 accused in a hospital murder case, holding that the High Court failed to consider their specific roles and serious criminal antecedents. The Court reiterated that custody period and delay in trial cannot alone justify bail in heinous offences involving armed mob violence.

Pre-arrest bail not maintainable after arrest
Case BriefsHigh Courts

“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.”

bail to accused involved in gambling activities
Case BriefsHigh Courts

The accused had allegedly contravened Sections 318(4), 319(2), 336(3), 338, 340(2), 112(2) and 61(2)(a) of the Bharatiya Nyaya Sanhita, Section 66D of the Information Technology Act, and Section 13 of the Rajasthan Public Gambling Ordinance, 1949.

ndps case involving trafficking substances to USA
Case BriefsHigh Courts

“No recovery of any contraband has been effected from the personal or conscious possession of the accused. The recoveries were made from the premises of third-party i.e. courier companies upon the disclosure statements of the co — accused”

victim allegedly eloped willingly
Case BriefsHigh Courts

In the case at hand, it is evident from the Medical Ossification Report that the victim’s age is between 16-18 years.

Prolonged incarceration cannot entitle successive bail
Case BriefsHigh Courts

“A second/successive regular bail application cannot be rejected solely on the ground of maintainability thereof, but for such petition to succeed, the petitioner is required to show some substantial change in circumstances.”

Failure to videograph recovery
Case BriefsHigh Courts

“It is clear that police has not conducted any videography of the recovery of motorcycles from the applicant or preparation of list of seized motorcycles, though, same is mandatory.”

denying bail for lack of permanent residence
Case BriefsHigh Courts

‘In our country, there are hermits and sages who do not have permanent homes or residences and stay in ashrams, and even those people can be and have been arraigned as accused.’

Sexual assault by Married man
Case BriefsHigh Courts

“It is high time to send a strong signal to the society at large to be more vigilant on women and children belonging to weaker sections of the society.”

undocumented bangladeshi
Case BriefsHigh Courts

“The investigation conducted so far indicates that the accused might not be a citizen of India, and as such might not be able to procure sureties, or amount to furnish personal bonds, or amount in lieu of surety(s). By foreseeing such a likely possibility, in the event of non-furnishing of the bonds, the accused cannot be kept in jail for an indefinite period”.

Bail to accused of deprived scheduled caste in SCST Act case
Case BriefsHigh Courts

In the present case, the accused belonged to the Deprived Scheduled Caste category and was charged with voluntarily causing simple as well as grievous injuries to the person also belonging to Scheduled Caste category by criminally trespassing into his premises.

bail to Income Tax Officer in bribery case
Case BriefsHigh Courts

The nuanced contours of exceptional circumstances are inextricably woven into singular factual matrix of each case, upon the Court’s discretion, and there may be multitude of factors resulting an accused to file, maintain and pursue his regular plea before the High Court straightaway.

explanation for delay in cross-examination
Case BriefsHigh Courts

The way trial proceedings are being carried out appears to be in derogation of the principles of fair trial.

Bail Based on Undertakings
Case BriefsSupreme Court

“No High Court or Trial Court shall pass any order granting regular bail or anticipatory bail based on an undertaking by the accused or their family members to deposit a particular amount. All such pleas shall be decided strictly on their own merits, in accordance with law.”