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“CrPC describes the manner and the extent to which a person can be denuded of his liberty and, therefore, needs strict compliance. Any violation of the prescribed procedure in the matter of arrest can, therefore, be declared as illegal.”
The accused has spent more than six years in custody, despite which, the matter is still at the stage of examination of prosecution witnesses and only 11 out of 100 witnesses are examined till now.
“Bleak hope of any speedy trial in the matter.”
“Live-in-relationship is an agreement in which two persons live together in a short or long term relationship. The Hindu Marriage Act, 1955 does not recognise the concept of live-in-relationship. Even in Muslim Law, no recognition has been given to such relationship.”
“The concept of right to life and personal liberty guaranteed under Article 21 of the Constitution of India includes the right to live with dignity and the petitioners by running away from their parental home is not only bringing bad name to the family but also is violating the right of the parents to live with dignity and honour.”
“It is the bounden duty of the State, as per the Constitutional obligations casted upon it, to protect the life and liberty of every citizen.”
After interacting with the parties, the Court found that X, the transwoman has made a firm decision to live separately from her parents due to familial violence consequent to her self-determination as a transwoman’
P&H High Court clarified that the matter was not adjudicated on merits and the instant order was not a blanket bail in any FIR.
Allahabad High Court: The Division Bench of Pankaj Naqvi and Vivek Agarwal, JJ., observed that, Right to live with a person of his/her