Indian Penal Code, 1860 (45 of 1860), Sections 326, 324, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Grievous hurt -- Anticipatory bail -- Petitioner fully co-operated with the investigations and has ensured the recovery of the incriminatory weapon of offence -- Victim has fully recovered from the injuries -- State submitted that it may not be any necessity for subjecting the bail petitioner to custodial interrogation – Held, submission is well merited, as any order subjecting the bail petitioner to custodial interrogation, despite his meteing the fullest co-operation to the investigating officer concerned, would curtail, and, fetter his personal liberty – Interim order made absolute.

(Para 1-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 406, 498-A – Dowry case – Anticipatory bail -- Petitioner has joined the investigation, however, the gold articles are yet to be recovered -- It is apparent that there are allegations and counter-allegations which is totally a subject matter of the investigation -- Interim bail made absolute.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 306 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail – Enquiry by SP(D) and DSP finding petitioner innocent – Pending approval of SSP – Effect of -- FIR registered solely on the basis of suspicion -- Neither, there is any suicide note nor there is any dying declaration nor the deceased had made any complaint with respect to any alleged call of threat made by any person – Held, although, the said enquiry is still pending approval with SSP, but in view of the same, the custodial interrogation of the petitioner would not be required -- Moreso, the mobile Number from which the alleged threats were given, does not even belong to the petitioner -- Question, as to whether, even in case, the allegations in the FIR are taken on its face value, the offence under Section 306 of IPC is made out or not, would be a matter of trial -- Petition allowed.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Attempt to murder – Anticipatory bail -- Cross-case -- Submission that it is a case of version and cross-version and in the FIR case, father of the petitioner was murdered and cross-version was registered after 05 days -- It is further submitted that in the DDR version, the petitioner is attributed simple injury with a stick, whereas in the supplementary statement, the petitioner has caused a firearm injury -- It is also submitted that in the FIR version, two accused have already been granted the concession of anticipatory bail noticing the aforesaid facts – Further submitted that primarily, it is a dispute with regard to possession of agricultural land, which both the parties claim that they have purchased it and are in possession of the same and even in the anticipatory bail granted to accused in the FIR version, it is noticed that it is a case of free fight regarding the possession over the land in dispute -- Petitioner has joined the investigation and is no more required for any further investigation – Order granting interim bail confirmed.

(Para 1-5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439(2) -- Cancellation of bail -- Once bail has been granted, the Courts should act with great circumspection in cancelling it unless, of course, some material is brought to the notice of the Court that the accused has breached the conditions of bail imposed upon them or a perverse order has been passed while granting the concession of bail.

(Para 5)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439(2) -- Indian Penal Code, 1860 (45 of 1860), Section 498-A, 406 -- Anticipatory bail – Cancellation of bail – Non-recovery of dowry articles – Effect of -- Pursuant to the interim order, both accused had joined investigation -- Though, it was submitted by the Public Prosecutor that recovery of all dowry articles had not been effected from the respondents, however, it would not be out of place to observe that an FIR registered under Section 498-A, 406 of IPC and all subsequent proceedings arising out of them, cannot be converted solely into recovery proceedings -- Allegations of entrustment and misappropriation of dowry articles of the petitioner being disputed questions of fact, cannot be looked into by the Court while deciding a petition u/s 438 Cr.P.C.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 324, 34 (Section 326 IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Grievous hurt – Version Cross-version case -- Petitioner himself has suffered 3 injuries in the incident and the alleged grievous injury attributed to him is on a non-vital part and the petitioner has joined the investigation - Petition allowed, interim order made absolute.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Sections 379, 447, 506, 511 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Criminal trespass and theft – Anticipatory bail – Petitioner and other accused cut trees standing in the land -- Primarily, there is land dispute between the parties and the matter is sub-judice -- Petitioner has already joined the investigation and is not required by the police for custodial interrogation -- Petition allowed.

(Para 2, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 326, 324, 323, 341, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Injury case -- Version and cross-version -- It is a case of version and cross-version and it is yet to be ascertained as to which party was the aggressor one -- Moreover, there is an unexplained delay of 05 days in lodging the present FIR -- Petition allowed, petitioner directed to join the investigation as and when called upon to do so and if he is sought to be arrested, he shall be released on anticipatory bail to the satisfaction of Investigating Officer/Arresting Officer.

(Para 3, 7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 -- Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 45 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 37 -- Companies Act, 2013 (No. 18 of 2013), Section 212(6) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 43D (5) -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012) -- Bail after filing charge-sheet – Consideration of -- Categories/Types of Offences – Guidelines issued :

“Categories/Types of Offences

A)    Offences punishable with imprisonment of 7 years or less not falling in category B & D.

B)    Offences punishable with death, imprisonment for life, or imprisonment for more than 7 years.

C)    Offences punishable under Special Acts containing stringent provisions for bail like NDPS (S.37), PMLA (S.45), UAPA (S.43D(5), Companies Act, 212(6), etc.

D)    Economic offences not covered by Special Acts.

REQUISITE CONDITIONS

1)       Not arrested during investigation.

2)    Cooperated throughout in the investigation including appearing before Investigating Officer whenever called.

(No need to forward such an accused along with the chargesheet (Siddharth Vs. State of UP, 2021 SCC online SC 615)

CATEGORY A

After filing of chargesheet/complaint taking of cognizance

a)    Ordinary summons at the 1st instance/including permitting appearance through Lawyer.

b)    If such an accused does not appear despite service of summons, then Bailable Warrant for physical appearance may be issued.

c)    NBW on failure to failure to appear despite issuance of Bailable Warrant.

d)    NBW may be cancelled or converted into a Bailable Warrant/Summons without insisting physical appearance of accused, if such an application is moved on behalf of the accused before execution of the NBW on an undertaking of the accused to appear physically on the next date/s of hearing.

e)    Bail applications of such accused on appearance may be decided w/o the accused being taken in physical custody or by granting interim bail till the bail application is decided.

CATEGORY B/D

On appearance of the accused in Court pursuant to process issued bail application to be decided on merits.

CATEGORY C

Same as Category B & D with the additional condition of compliance of the provisions of Bail under NDPS S. 37, 45 PMLA, 212(6) Companies Act 43 d(5) of UAPA, POSCO etc.”

Category A deals with both police cases and complaint cases -- Trial Courts and the High Courts will keep in mind the aforesaid guidelines while considering bail applications -- While issuing notice to consider bail, the trial Court is not precluded from granting interim bail taking into consideration the conduct of the accused during the investigation which has not warranted arrest -- This aspect would be guided by the statutory provisions.

Separate set of offences are categorized as “economic Offences” not covered by the special Acts. In Sanjay Chandra vs. CBI, (2012) 1 SCC 40, Court has observed that in determining whether to grant bail both aspects have to be taken into account:

a)       seriousness of the charge and

b)       severity of punishment.

Copy of this order ordered to be circulated to the Registrars of the different High Courts to be further circulated to the trial Courts so that the unnecessary bail matters do not come up to Supreme Court -- This is the only purpose for which guidelines issued, but they are not fettered on the powers of the Courts.

(Para 2-12)

Indian Penal Code, 1860 (45 of 1860), Section 186, 332, 353 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Beating to police – Anticipatory bail -- Allegations are of tearing uniform of the petitioner who is a Police Officer and has also given the injuries to him – Contention that occurrence has not taken place in the manner as suggested by the prosecution rather petitioner was given beatings by complainant -- As per MLR of the petitioner 4 injuries were found on his person with blunt weapon -- Occurrence has been captured in the CCTV cameras, which shows that the complainant along with his two sons inflicted injuries to the petitioner – Offences u/s 353, 332 IPC are necessarily to be treated alike along with non-cognizable offence u/s 186 IPC and offence u/s 353 IPC is an aggravated form of offence under Section 186 IPC which is non-cognizable in nature – On above contentions interim bail was granted -- Petitioner has joined the investigation and no more required for further investigation of the case – Interim order made absolute.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Section 323, 498-A, 304B – Dowry Prohibition Act, 1961, (28 of 1961), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Dowry death case -- Father-in-law and mother-in-law – Earlier anticipatory bail was granted with the observation that, after charge sheet is filed, it is open for the petitioners to surrender and apply for the Regular Bail before the Competent Court – Held, same does not preclude the petitioners to apply for anticipatory bail u/s 438 Cr.P.C. after filing of the charge sheet -- It also cannot be said, that same is a second application for grant of anticipatory bail -- Husband of the deceased was granted Regular Bail after he was arrested – Held, it is a fit case for grant of anticipatory bail.

(Para 2-5)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 -- Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 324, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- There is nothing to suggest that the assailants had uttered any objectionable utterances or had caused injuries solely on account of the fact that the complainant belongs to a particular community – Petition accepted and the interim directions made absolute subject to the condition that the petitioner shall join investigation as and when called upon to do so and cooperate with the Investigating Officer and shall also abide by the conditions as provided under Section 438 (2) Cr.P.C.

(Para 6, 7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 173, 438 -- Anticipatory bail – Arrest of accused – Requirement of -- Power of Court – Investigaiton complete, report u/s 173 Cr.P.C. submitted to the trial court –  Once an investigating agency itself says that it does not require the custodial interrogation of an accused, normally High court would not direct his arrest (even upon a petition seeking anticipatory bail being dismissed).

(Para 2, 4)

Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 406, 354-A (Section 377 added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Dowry case – Anticipatory bail – Non-recovery of dowry articles – Effect of – Stated that petitioner has joined the investigation, however, recovery of gold ornaments and a motorcycle, which were given and entrusted to the petitioner and his family at the time of marriage has not been effected – Held, entrustment of gold ornaments as alleged are disputed questions of fact and would be considered at the time of trial -- Petition is allowed and interim order made absolute.

(Para 1-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 15, 18, 27A, 29, 53, 67 -- Indian Penal Code, 1860 (45 of 1860), Sections 140, 188, 216, 419, 420, 467, 468, 471, 474 -- Official Secrets Act, 1923 (19 of 1923), Section 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Indian Evidence Act, 1872 (1 of 1872), Section 25 – NDPS case – Anticipatory bail – Involvement on disclosure statement – Recovery of 248 kgs of poppy husk, 1 Kg 500 grams of opium and 199 Kgs khas khas from co-accused -- FIR was registered on the basis of secret information, but still name of petitioner did not figure in the ruqa of the police – Petitioner involved on the basis of disclosure statement of co-accused is hit by the ratio of Tofan Singh’s case, Criminal Appeal No.152 of 2013 wherein it has been observed that the officers who are invested with powers u/s 53 of NDPS Act are the police officers within the meaning of Section 25 of the Evidence Act -- Any confessional statement made before the police officer would be hit by Section 25 of the Evidence Act -- Statement u/s 67 of NDPS Act cannot be used as a confessional statement in the trial of an offence under NDPS Act – Interim order confirmed.

(Para 6-12)

Indian Penal Code, 1860 (45 of 1860), Section 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft case – Anticipatory bail -- Present FIR at Hisar -- Interim bail was granted on the contention that petitioner is being indicted for theft of vehicle in respect of that a case FIR No.434 dated 30.08.2019 u/s 379 IPC already stands registered at Gurugram and vehicle was recovered on 05.11.2019 and two accused were arrested and he was indicted on the basis of disclosure statement of one of them -- Petitioner has joined the investigation, not required for custodial interrogation for the time being -- Petition allowed.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471 and 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attesting witness of forged GPA – Anticipatory bail -- Interim bail was granted on contention that petitioner, who is a Numberdar, is an attesting witness to the General Power of Attorney, which is alleged to have been forged – Beneficiary to the GPA/ co-accused granted interim protection – Now interim bail granted to co-accused, has been made absolute by High Court – Petitioner has joined investigation and is no longer required for custodial interrogation – No other case is pending against the petitioner – Petition allowed and the order granting interim bail to the petitioner is made absolute.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 419, 420, 465, 467, 468, 471 and 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery -- Anticipatory bail -- Dispute between the daughter-in-law and the in-laws -- Allegations are with regard to a registered Will -- Validity of Will and the dispute with regard to partition of property is before the Civil Court -- As per FIR, the case set up is on the basis of documentary evidence -- Considering that no recovery is to be made from the petitioners, it is not a case where custodial interrogation is required -- Petitioners granted anticipatory bail.

(Para 7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter -- Anticipatory bail – Interim bail granted on submission that FIR was registered on the basis of secret information, police did not comply with the mandatory requirement of Section 100(4) Cr.P.C., 30 bottles of illicit liquor recovered from the house of the petitioner and anticipatory bail declined on the ground that he is also involved in earlier FIR u/s 61-1-14 of the Excise Act in which 280 kgs. lahan was recovered -- Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.

(Para 3-7)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 23, 25, 4, 5(2) – Indian Medical Council Act, 1956 (102 of 1956), Section 15(2)(B) -- Indian Penal Code, 1860 (45 of 1860), Section 420 (Challan u/s 4(4), 5(2), 23, 25 of PC&PNDT Act, 1994, Section 15(2)(3) of the IMC Act, 1956 and Section 419, 420, 120-B of IPC) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Pre-natal Sex determination case – Anticipatory bail – Interim protection granted on the contention that FIR is silent with regard to the role of the petitioner and he was nominated in the second disclosure statement of co-accused -- Petitioner allegedly brought the sex determination machine -- Co-accused has already been granted regular bail by the Additional Sessions Judge by observing that it is not the case of prosecution that he had used any such techniques in detection of gender of fetus, rather according to prosecution, the determination machine used by him was a simple monitor of computer and simply cheated the decoy patient by using an ordinary monitor – Petitioner has joined the investigation to the entire satisfaction of the Investigating Officer and no more required for further investigation of the case -- Interim order made absolute.

(Para 2-6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 100(4), 438 -- Excise matter – Anticipatory bail – On the contention that FIR was registered on the basis of secret information, but the police has not complied with mandatory requirement of Section 100(4) Cr.P.C, ad interim bail was given -- Petitioner joined the investigation to the entire satisfaction of the Investigating Officer -- Petitioner is no more required for further investigation in the case -- Interim order made absolute.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Sections 406, 420, 467, 468, 471, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Cheating and forgery – Anticipatory bail – Compromise between parties -- Contends that the FIR is the outcome of a monetary dispute between the petitioner and respondent No.2 (complainant) which has been resolved, who contends that the matter has indeed been compromised – In view of the submissions Court deemed it a fit case to grant the concession of anticipatory bail to the petitioner.

(Para 2-8)

Indian Penal Code, 1860 (45 of 1860), Section 379-B, (Sections 393 and 411 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Snatching case – Jump in bail -- Anticipatory bail -- Petitioner had earlier been granted regular bail by the trial Court, but he had absented once as he had noted the wrong date and consequently his bail was cancelled – Petitioner undertakes that the he shall henceforth appear before the Court on each and every date of hearing and would not absent himself except without prior permission of the Court – Petitioner has surrendered before the trial Court and has been released on interim bail -- Order granting interim bail to petitioner is made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attesting witness to Will – Anticipatory bail -- Petitioner was an attesting witness to the Will executed by the father of the complainant -- Will is a matter of challenge in the Civil Court -- Neither the ownership nor the possession of the property has changed and no harm is caused in real terms -- Beneficiaries of the Will are in custody -- No allegation that any benefit has been derived by the petitioner who is 55 years of age and is not involved in any other case -- Similarly situated co-accused have been granted anticipatory bail – On interim direction, petitioner joined the Investigaiton – Order granting interim bail to the petitioner made absolute.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 148, 149 (Sections 325 and 307 IPC added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail --  Submitted that petitioner was empty handed and is an old man aged about 60 years and has not caused any injury except that he has provoked the other accused persons – Son of the petitioner has already been arrested – Petition allowed and In the meantime, the petitioner is directed to join investigation within a period of 10 days and he shall be released on interim bail.

(Para 4-8)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 427, 379, 148 -- Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail to juvenile – Petitioner is aged about 17 years and is a juvenile and he is alleged to be armed with the baseball bat but no injury is attributed to him – On interim bail petitioner appeared before the SHO/Investigating Officer and has joined the investigation and is no more required for any further investigation -- Petition allowed and the interim bail granted to the petitioner, made absolute.

(Para 2-5)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 8 – Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Anticipatory bail by juvenile – Maintainability of -- Petition u/s 438 Cr.P.C. on behalf of the juvenile is not maintainable.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Non-execution of sale deed – FIR for cheating – Anticipatory bail – Earlier petition was dismissed as withdrawn -- Allegation that accused after having agreed to sell a piece of land, on receipt of Rs.25,00,000/- did not come forward to execute the sale deed -- Accused is also alleged to have sold some portion of the property, agreed to be sold to the first informant, through various sale deeds -- Civil suit filed by the first informant is stated to be pending – Interim bail was granted with a direction to join Investigaiton -- State submits that petitioner has joined the investigation, however investigating officer insists that the amount is required to be recovered, which is not a part of the job of the investigation agency and therefore, the petitioner is not required for further custodial interrogation – Petition allowed.

(Para 2-4)

Electricity Act, 2003 (36 of 2003), Sections 135 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Theft of electricity – Anticipatory bail -- Interim bail granted on submission that allegations in the FIR are with regard to the theft of electricity causing a loss of Rs.1,30,844/- to Dakshin Haryana Bijli Vitaran Nigam Limited -- Civil Court is seized of the matter -- FIR was lodged two years ago -- Petitioner has joined the investigation in pursuance of the interim direction issued by the Court and custodial interrogation is not required – Order granting interim bail to the petitioner is made absolute.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Section 406, 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Dowry case -- Criminal breach of trust – Anticipatory bail to parents-in-law -- Pursuant to order, passed by High Court, the petitioners have joined the investigation –Contended that certain dowry articles have yet not been returned by the petitioners -- A perusal of the FIR does not reveal that there is any allegation much less whisper against the petitioners of entrustment of any dowry article at the time of the marriage of their son to the complainant – In the circumstances, Court failed to comprehend as to which jewellery/gold ornaments are required to be recovered from the petitioners -- Petition allowed, interim order made absolute.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 452, 148 and 149 of the IPC (with Section 326 added subsequently) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail – In MLR, pain in the hips has been referred to, however it has also been specifically written that there was no visible redness, bleeding or swelling in either hip (though an x-ray had been advised) – Other than the pain in the hip no other injury was found – Petition allowed.

(Para 7-9)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case -- Anticipatory bail -- Jump of bail – Petitioner was released on regular bail on 22.12.2017 and was appearing before the Trial Court consistently, however, he could not appear on 02.04.2021, due to which, non-bailable warrants were issued for 04.05.2021 -- He filed anticipatory bail application, which was listed before the same Court and was declined on 18.05.2021 on the ground that the petitioner should approach the superior Court – Anticipatory bail allowed.

(Para 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Indian Penal Code, 1860 (45 of 1860), Section 323, 376 -- Anticipatory bail – Direction for arrest of accused – Power of High Court -- High Court quashed the order granting anticipatory bail to petitioner, directed the Investigating Officer to take the accused into custody and produce him before the concerned jurisdictional Court – Held, such direction to take the accused into custody is to beyond the jurisdiction of the High Court -- Condition set aside and quashed -- It is open to the I.O. to take a call as to when the petitioner is to be arrested or he is not to be arrested.

(Para 2, 3)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Jump of bail – Anticipatory bail -- Petitioner was suffering from fever and consequential unable to appear -- Except for the date, been regularly appearing before the learned trial Court and undertakes to be present before the learned trial Court on each and every date in future also – Held inability of the petitioner to appear before the learned trial Court on 23.03.2021 was apparently for a genuine reason -- Impugned order set aside and the petitioner directed to put in appearance before the learned trial Court within 01 week from today and to move a petition for regular bail.

(Para 8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 17, 61, 85 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Recovery of 125 grams of opium from co-accused --  It is evident that no recovery, as such, has been made from the petitioner and it is only upon the disclosure statement made by the fellow accused that he has been nominated as accused -- Petition allowed.

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61/1/14 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438 -- Excise matter – Jump of bail – Proclaimed offender -- Anticipatory bail – Recovery of 40 bottles of liquor from the scooter of the petitioner -- Submitted that the petitioner was granted regular bail, however, he being a professional driver could not appear before the Court on 14.09.2018 and his bail/surety bonds were cancelled and later on, he was declared proclaimed offender on 30.08.2019 – Considering the fact that the petitioner is not involved in any other case and in view of the COVID-19 situation, petition allowed.

(Para 2-5)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Habitual offender – Anticipatory bail -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Petitioner convicted in 6 cases under the Punjab Excise Act, 1914 and 2 of such cases against him being investigated, grant of pre-arrest bail to him would only encourage him to indulge in such illegal bootlegging further endangering the lives of several innocent persons -- Furthermore, if such type of absconder is granted pre-arrest bail, that would amount to putting premium on his wrongful acts – Petition dismissed.

(Para 7, 10, 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 21, 22, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case -- Anticipatory bail -- Heavy recovery of contraband from co-accused – Disclosure statement -- During investigation of the arrested co-accused, the police have not been able to collect any material to connect the petitioner with the recovered material or to arrested co-accused -- No other case against the petitioner – Petition allowed, petitioner is granted concession of anticipatory bail.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail – Disclosure statement – Petitioner was named as supplier of contraband -- Except the disclosure statement of the arrested co-accused and the fact that co-accused belongs to the same village, there is nothing on record to even remotely suggest that the petitioner had any connection with the recovered material or any prior transactions with the said arrested co-accused -- No other case against the petitioner under the NDPS Act -- Petition allowed, petitioner is granted concession of anticipatory bail.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 376 (offences u/s 109, 328, 354-B, 506, 509 IPC added later on) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Rape case -- Anticipatory bail -- Complainant as of now is about 51 years of age having grandson and was on visiting terms with the family of the petitioner and visited Singapore and Malaysia with the petitioner -- There are entries of matrimonial status in the passport and joint affidavit of the parties, which according to the petitioner were prepared in order to ward off any objection in the foreign country for living smoothly – allegation of consensual relationship under the pretext of marriage -- Complainant was also married from whom she has not taken any divorce by lawful mechanism except to allege that a Panchayati divorce -- Parties are in advance stage of their life -- Both are having families -- Petitioner being already married is evident from the photographs of birthday celebration of son of the petitioner, which was attended by the complainant and her son – In the light of consensual relationship, it would remain debatable as to whether offence under Section 376 IPC is attracted or not -- Petition allowed.

(Para 8-10)

A. Constitution of India, Article 226 -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim orders/directions/ protection – Extension of -- All the interim orders/directions issued or protection granted including any order requiring any compliance by the parties to such proceedings, passed by High Court or any other Court subordinate to it or any Family Court or Labour Court or any Tribunal or any other Judicial or Quasi-Judicial forum, over which High Court has power of superintendence, which are subsisting today shall stand extended till 30th June, 2021 -- If undue hardship and prejudice of any extreme nature, to any of the parties to such proceeding(s), such parties would be at liberty to seek appropriate relief by moving appropriate application(s) before the Competent Court(s), Tribunal, Judicial or Quasi-Judicial Forum.

(Para 2 (i), (xii))

B. Constitution of India, Article 226 -- Civil Suit – Extension of time for filing written statement -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Time for filing of written-statement or return in any Suit or proceeding pending before any Civil Court or any other forum, unless specifically directed, shall stand extended till 30th of June, 2021 -- It is however will not preclude the parties from filing such written-statement or return before 30th June, 2021.

(Para 2 (iii))

C. Constitution of India, Article 226 -- Execution of eviction, dispossession, demolition etc. -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Orders of eviction, dispossession, demolition, etc. passed by High Court or any Court subordinate to it or any Tribunal or Judicial or Quasi-Judicial forum, which have so far remained unexecuted, shall remain in abeyance till 30th of June 2021.

(Para 2 (iv))

D. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Interim protection -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Interim protection given in the anticipatory bail applications by the High Court or Court of Sessions for a limited period, which is likely to expire from now up to 30^th June, 2021, shall stand extended till 30th of June, 2021 -- However, any party aggrieved by the conduct of the accused on such interim protection, may move the Court over the matter for discontinuation of such interim protection, if any prejudice is caused to him/her, in which event, the Court concerned shall be entitled to take independent view of the matter.

(Para 2 (v))

E. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Interim bail -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – All the interim bails granted under Section 439, Cr.P.C. by the High Court or Courts of Sessions, limited by timeframe specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi))

F. Constitution of India, Article 226 -- Haryana Good Conduct Prisoners (Temporary Release) Act, 1988 (28 of 1988), Section 3,6 -- Punjab Good Conduct Prisoners’ (Temporary Release) Act, 1962 (11 of 1962), Section 3 – Parole – Extension of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Parole granted to a person by order passed by a Court exercising the criminal jurisdiction and limited by time-frame specifying an expiry date from now up to 30th June, 2021, shall stand extended till 30th of June, 2021, subject to the accused not abusing such liberty or else it may be cancelled at the instance of the State or the complainant, on application with adequate proof of the abuse of the liberty so granted by the Court concerned.

(Para 2 (vi), (vii))

G. Constitution of India, Article 226 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 41A -- Cognizable offence – Arrest in -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Unless there is necessity of arrest for maintenance of law and order or any other emergent case, in a cognizable offence prescribing sentence up to seven years imprisonment, the police shall desist from arresting the accused up to 30th of June, 2021, without complying with the provision of Section 41A, Cr.P.C. -- This however may not be understood as an interdict on the power of the police to arrest, but should only be considered a mere advisory in the face of the ongoing crisis following second wave of Coronavirus.

(Para 2(viii))

H. Constitution of India, Article 226 – Eviction/ Demolition by government/ Corporation/ Council/ Board/ Panchayat etc. – Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – State Governments, Union Territory, Chandigarh, or any of its Departments or any Municipal Corporation / Council / Board or any Gram Panchayat or any other local body or any other agency and instrumentality of the State shall not take any action for eviction and demolition in respect of any property, over which any citizen or person or party or any Body Corporate, has physical or symbolic possession as on today till 30th June, 2021.

(Para 2(ix))

I. Constitution of India, Article 226 – Auction sale by Bank/ Financial Institution -- Stay of -- Covid 19 pandemic situation -- Directions issued in suo motu PIL – Any Bank or Financial Institution shall not take action for auction in respect of any property of any citizen or person or party or any Body corporate till 30th June, 2021.

(Para 2(x))

J. Constitution of India, Article 226 – Covid 19 pandemic situation -- Directions issued to Government bodies in suo motu PIL – If the Government of Punjab, Haryana, Union Territory, Chandigarh, and/or any of its Departments and/or functionaries, Central Government and/or its departments or functionaries or any Public Sector Undertakings or any Public or Private Companies or any Firm or any individual or person is/are, by the order of this Court or any Court subordinate to it or the Tribunals, required to do a particular thing or carry out certain direction in a particular manner, in a time frame, which is going to expire at any time from now up to 30th June, 2021, the time for compliance of such order shall stand extended up to 30th June, 2021, unless specifically directed otherwise by the Court concerned.

(Para 2(xi))

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(2)(v), 18 -- Indian Penal Code, 1860 (45 of 1860), Sections 120-B, 201, 302, 365 (Sections 201, 302 deleted, Section 306 added) – Code of Criminal Procedure, 1973 (2 of 1974) – Section 438 – Anticipatory bail -- Kidnapping of SC victim -- It is not a case of the accused that they were not aware of the fact that the victim in this case belong to SC community -- Relief of anticipatory bail was rightly declined to them by the Court of Sessions in view of bar of Section 18 of the Act – Merely, because appellants have been directed to join investigation and they are said to have been done so; that does not confer any valuable right upon them, making it entitlement for grant of pre-arrest bail, when the statute itself clearly bars the remedy sought for.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 306, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail -- Petitioner is the brother-in-law of the deceased -- Incident took place after seven years of the marriage -- It is alleged in the FIR that the deceased was being harassed by her in-laws and she consumed poison due to harassment by her husband -- Also contends that there is a delay of 24 hours in registering the FIR and there is no suicide note – Petitioner was  directed to appear before the Investigating Officer and join the investigation -- Petitioner having joined investigation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 379, 411, 429  -- Prevention of Cruelty to Animals Act, 1960 (59 of 1960), Sections 11, 59, 60 -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Animal smuggling – Anticipatory bail -- Stated that petitioner is not named in the FIR and has been arraigned as an accused as the pickup vehicle wherefrom cattle was recovered is stated to be registered in the name of the petitioner -- Vehicle was sold by the petitioner and from the cabin of the vehicle a country made pistol and live cartridges were recovered -- Petitioner is not involved in any other criminal case -- Petitioner having joined investigation, the Covid-19 Pandemic, the order granting interim bail to the petitioner is made absolute.

(Para 2-5)

A. Indian Penal Code, 1860 (45 of 1860), Section 452, 354A, 323, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Condition of tying rakhi – Acceptability of -- Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate -- This is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment.

(Para 33)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 – Bail in Sexual offences – Duty of courts -- Use of reasoning/language which diminishes the offence and tends to trivialize the survivor, is especially to be avoided under all circumstances -- To say that the survivor had in the past consented to such or similar acts or that she behaved promiscuously, or by her acts or clothing, provoked the alleged action of the accused, that she behaved in a manner unbecoming of chaste or “Indian” women, or that she had called upon the situation by her behavior, etc. are only illustrations of an attitude which should never enter judicial verdicts or orders or be considered relevant while making a judicial decision; they cannot be reasons for granting bail or other such relief.

(Para 42)

C. Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439 – Sexual offences -- Bail conditions – Directions issued:

(a) Bail conditions should not mandate, require or permit contact between the accused and the victim. Such conditions should seek to protect the complainant from any further harassment by the accused;

(b) Where circumstances exist for the court to believe that there might be a potential threat of harassment of the victim, or upon apprehension expressed, after calling for reports from the police, the nature of protection shall be separately considered and appropriate order made, in addition to a direction to the accused not to make any contact with the victim;

(c) In all cases where bail is granted, the complainant should immediately be informed that the accused has been granted bail and copy of the bail order made over to him/her within two days;

(d) Bail conditions and orders should avoid reflecting stereotypical or patriarchal notions about women and their place in society, and must strictly be in accordance with the requirements of the Cr. PC. In other words, discussion about the dress, behavior, or past “conduct” or “morals” of the prosecutrix, should not enter the verdict granting bail;

(e) The courts while adjudicating cases involving gender related crimes, should not suggest or entertain any notions (or encourage any steps) towards compromises between the prosecutrix and the accused to get married, suggest or mandate mediation between the accused and the survivor, or any form of compromise as it is beyond their powers and jurisdiction;

(f) Sensitivity should be displayed at all times by judges, who should ensure that there is no traumatization of the prosecutrix, during the proceedings, or anything said during the arguments, and

(g) Judges especially should not use any words, spoken or written, that would undermine or shake the confidence of the survivor in the fairness or impartiality of the court.

(Para 44)

D. Remarks against women – Duty of Court -- Courts should desist from expressing any stereotype opinion, in words spoken during proceedings, or in the course of a judicial order, to the effect that (i) women are physically weak and need protection; (ii) women are incapable of or cannot take decisions on their own; (iii) men are the “head” of the household and should take all the decisions relating to family; (iv) women should be submissive and obedient according to our culture; (v) “good” women are sexually chaste; (vi) motherhood is the duty and role of every woman, and assumptions to the effect that she wants to be a mother; (vii) women should be the ones in charge of their children, their upbringing and care; (viii) being alone at night or wearing certain clothes make women responsible for being attacked; (ix) a woman consuming alcohol, smoking, etc. may justify unwelcome advances by men or “has asked for it”; (x) women are emotional and often overreact or dramatize events, hence it is necessary to corroborate their testimony; (xi) testimonial evidence provided by women who are sexually active may be suspected when assessing “consent” in sexual offence cases; and (xii) lack of evidence of physical harm in sexual offence case leads to an inference of consent by the woman.

(Para 45)

Indian Penal Code, 1860 (45 of 1860), Section 376, 420 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape case – Anticipatory bail -- Petitioner is a ‘Captain’ in Army and that the complainant is a matured educated lady aged about 32 years who is working as a Lecturer, complainant and petitioner were friends and there had been physical relationship amongst them on several occasions -- FIR lodged when the relationship went sour subsequently – On these contentions ad-interim bail was granted – Petitioner has joined investigation and is not required for any custodial interrogation -- Alleged rape would be debatable -- Petition accepted and the interim directions made absolute.

(Para 2-4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Life of anticipatory bail -- Anticipatory bail by Trial Court – High Court, on an application made by the complainant, indicated that the anticipatory bail granted to the appellant-accused by the Trial Court had come to an end with the filing of a charge-sheet, and directed him to surrender and apply for regular bail – Impugned order passed by High Court set aside -- Anticipatory bail granted to the appellant by the Trial Court restored.

(Para 2, 8)

Indian Penal Code, 1860 (45 of 1860), Sections 379-B, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Snatching case – Anticipatory bail -- Petitioner happens to be involved in 3 other cases registered under NDPS Act -- One mobile phone is stated to have been snatched by the accused, which already stands recovered -- While noticing the fact that the petitioner has since joined the investigation and his custodial interrogation is not required, the petition accepted and the interim directions made absolute.

(Para 1, 4, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Jump of regular bail – Bail bonds / surety bonds were cancelled and non-bailable warrants of arrest issued – Petitioner was attending the proceedings but could not appear before it on 06.01.2020 on account of his illness resulting in his bail bonds / surety bonds being cancelled and he was ordered to be arrested by issuing non-bailable warrants -- No error in the order of the ld. trial Court for issuing non-bailable warrants for securing his presence -- However, in the facts and circumstances of the case, petitioner given one opportunity to appear before the ld. trial Court by furnishing bail/ surety bonds along with undertaking that he would not jump bail and would appear on each and every date before the ld. trial Court till the conclusion of the same.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 498-A, 406 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail – Non-recovery of dowry articles – Effect of -- Petitioner was granted ad-interim anticipatory bail – In the FIR u/s 498-A and 406 IPC, interim bail cannot be rejected on the ground that dowry articles have not been returned – Petitioner joined the investigation, order granting interim bail to the petitioner, is made absolute. Bhupinder Singh’s case 2014(2) RCR (Criminal) 109 relied.

(Para 3-8)