A. Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail by Trial Court – Challenge to -- Allegations primarily are against co-accused who is alleged to have taken money on the pretext of sending the complainant abroad -- Money is stated to have been paid in cash -- Matter was settled and cheques issued by co-accused were dishonoured -- No specific allegation against the private respondents have been roped in because they are related to co-accused -- No infirmity in the order granting anticipatory bail to them.

(Para 4)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail on same day – Legality of -- No merit in the contention that bail was granted on the same day as there is no provision in the Cr.P.C. which stipulates that the bail cannot be granted on the same day.

(Para 4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438 -- Negotiable Instruments Act, 1881 (26 of 1881), Section 138 – Cheque bounce case -- Proclaimed offender/person – Anticipatory bail -- Complaint u/s 138 of the N.I.Act, whereby the petitioner was declared as proclaimed offender -- Petitioner met with an accident and suffered fracture in his leg and arm, due to which, he could not walk -- He requested his counsel for his exemption, but due to some reason, he could not move appropriate application before the trial court -- Petition disposed of with a direction that, in case, the petitioner surrenders before the trial court within a period of one week, he shall be admitted on bail. Cost of Rs. 10,000/- imposed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case -- Anticipatory bail -- On submission that petitioner and the prosecutrix were willing to marry each other and it was only because of refusal by the mother of the petitioner that the marriage could not be solemnised and he is still ready and willing to marry with the prosecutrix, no MLR because the FIR is 9 months after the alleged occurrence, delay would certainly be material, interim bail was granted to join the investigation -- Petitioner has joined the investigation and is not required for further investigation of the case -- Interim order made absolute.

(Para 3, 4)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 471, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Promise to procure job on payment – Anticipatory bail -- Amount of Rs.3.00 lacs was deposited in the account of co-accused, Rs.1.00 lac in account of the petitioner and Rs.21.00 lacs were paid in cash to the accused on different dates -- Voluntary statement made by the petitioner that she, without prejudice to her right of defence, will deposit Rs.5.00 lacs with the Illaqa Magistrate within a period of two months -- Petition allowed and the petitioner is granted anticipatory bail subject to the conditions envisaged under Section 438 (2) Cr.P.C.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Sections 306, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Abetment to suicide – Anticipatory bail – Compromise between parties -- Complainant has already executed an affidavit endorsing the factum of settlement between the parties and he does not wish to pursue the case anymore – On interim bail petitioner has joined the investigation to the entire satisfaction of the Investigating Officer – Petitioner is no more required for further investigation of the case -- Interim order made absolute -- Petition disposed of.

(Para 3-6)

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 -- Petitioner has been nominated as an accused on the basis of disclosure statement of co-accused i.e. driver of the vehicle -- Petitioner is not owner of the vehicle – Interim bail granted, petitioner has joined the investigation to the satisfaction of the Investigating Officer and he is not required in any further investigation of the case – Interim order made absolute.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), Sections 452, 324, 323, 148, 149, 506 (326, 307 added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Anticipatory bail -- Petitioner joined investigation, subsequently offences u/s 326 and 307 IPC have been added which has again given apprehension of arrest to the petitioners – Contention that in the given facts custodial interrogation may not be necessary – State Counsel states that petitioners are not required for custodial interrogation for the time being -- Interim bail made absolute.

(Para 2-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22(b), 27-A, 61, 85 – Indian Evidence Act, 1872 (1 of 1872), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail – On contention that petitioner has been nominated on the basis of disclosure statement of Co-accused from whom the alleged contraband was recovered hit by Section 25 of the Evidence Act, interim bail was granted – Petitioner joined the investigation to the satisfaction of the Investigating Officer and not required in any further investigation of the case -- Petitioner is not involved in any other case -- Interim order made absolute.

(Para 2-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Third anticipatory bail application – Maintainability of -- On the third occasion, the learned Judge acceded to the request of respondent No. 2 and granted anticipatory bail, without referring to crucial facts noted in the status report -- None of the reasons cited can be said to be just basis to show indulgence to respondent No. 2 -- Successive anticipatory bail applications ought not to be entertained and more so, when the case diary and the status report, clearly indicated that the accused (respondent No. 2) is absconding and not cooperating with the investigation – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by the same Judge – Impugned judgment and order set aside, I.O. is free to take respondent No. 2 into custody forthwith.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 148, 149 (Section 326 IPC added later on) -- Arms Act, 1959 (54 of 1959), Section 25, 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail in cross case – FIR u/s 302, 307, 324, 323, 148 IPC and Section 25 of the Arms Act  against opposite party – Allegation that petitioner had given a ‘gandasi’ blow near the right eye of ‘G.S’, who is also an accused in the FIR – Especially when it is a case of version and cross-version, the brother of the petitioner was killed in the incident and the petitioner having joined investigation, the order granting interim bail to the petitioner is made absolute.

(Para 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 37(1)(b) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case -- Non-commercial quantity – Anticipatory bail -- Interim bail on the submission that petitioner has been falsely implicated in the case on the basis of disclosure statement made by his co-accused from whom recovery of non-commercial quantity of contraband was allegedly made and petitioner has nothing to do with the alleged recovery -- Rigors of Section 37(1)(b) of the NDPS are not applicable qua the petitioner --  Petitioner has joined the investigation -- Custodial interrogation of the petitioner is not required, petition allowed.

(Para 2, 8, 9)

Indian Penal Code, 1860 (45 of 1860), Sections 306, 506, 34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail – Challenge to -- Deceased approached respondent No. 2, who was his immediate boss, for his reinstatement, but he had allegedly demanded bribe which had upset him and committed suicide – Deceased was suspended by the order passed by the Executive Engineer, who is the competent authority -- Respondent No. 2 was working as Sub Divisional Officer -- It has also been noticed that the authenticity of the suicide note is yet to be determined – No illegality in the impugned order granting anticipatory bail.

(Para 5,6)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 325, 326, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Grievous hurt -- Second anticipatory bail application – Changed circumstance -- When the first anticipatory bail application was withdrawn, there was no cross case/DDR – Both the parties have suffered injuries and who is the aggressor out of the two, is yet to be proved during the trial and the custodial interrogation of the petitioner is only being asked for recovery of the weapon attributed to the petitioner, the petitioner directed to join the investigation and cooperate with the police and ordered to be released on interim bail -- Petitioner has joined the investigation and no further interrogation is required at this stage – Interim bail to the petitioner made absolute.

(Para 2-4)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 307, 349, 120(B), 101, 143, 147, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 4, 25 -- Maharashtra Police Act, 1951 (22 of 1951), Sections 37(1)(3), 135 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Application for regular bail – Interim direction for producing CCTV footage – Legality of -- Impugned order indicates that the directions regarding the CCTV footage were made by the High Court on submissions by Respondents-accused before the High Court that they wished to rely on the same to prove their non-participation in the alleged incident – Held, it was not appropriate directions which will have a direct bearing upon the trial -- Direction of the High Court directing the IO to examine the CCTV footage and to submit a report, is not sustainable in the eyes of law and deserves to be set aside.

(Para 4, 9, 10)

Prevention of Corruption Act, 1988 (49 of 1988), Sections 7, 8, 10, 13(1)(d), 13(2) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Corruption case -- Bailable warrants – Anticipatory bail -- For the last over three years, the petitioner has undisputedly joined investigation and cooperated -- His arrest was not considered necessary at any point of time during this long period of investigation -- Petitioner has since retired from service, hence would not be in a position to tamper with the evidence -- Respondents did not require his judicial custody till date – Direction given that in the event of his arrest, the petitioner shall be admitted to bail by the Investigating Officer/Arresting Officer on furnishing a personal bond.

(Para 10, 11)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22, 25 (Section 29 added later) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Considering the fact that the petitioner is not involved in any other case; he is the first offender; he was neither named in the secret information nor named in the FIR, the petitioner directed to appear before the Investigating Officer within a period of 10 days and ordered to be released on interim bail – Petition disposed of.

(Para 1, 4)

Indian Penal Code, 1860 (45 of 1860), Sections 498-A, 377, 506, 34 (Section 376(2)(n) IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Rape case – Unnatural offence -- Live-in relationship – Anticipatory bail – Promise to marry, resiled after selection as constable – In FIR complainant has stated that she had been socially divorced and leading a single lady life she had been in a live-in-relationship with the petitioner since 2016 and before that she was leading a single lady life --  Interim bail was granted to join Investigaiton – Petitioner has joined the investigation and is not required for any further investigation – Petition allowed.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366A – Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- Kidnapping case -- Anticipatory bail – Prosecutrix in her statement to the Judicial Magistrate had stated that she had gone on her own and no physical harm was caused to her by the petitioner – On ad-interim bail, petitioner joined the investigation and not required for custodial interrogation – Order granting interim bail made absolute.

(Para 2-6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Section 61/1/14 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Considering the fact that the petitioner was not apprehended from the spot, the alleged recovery is of 50 litres of Lahan, the information was that he was preparing illicit liquor and selling the same, however, there is no seizing of any equipment to show that the liquor was being prepared at the said spot -- Petitioner was granted interim bail – Petitioner has joined investigation and his custodial interrogation is not required -- Interim bail made absolute.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), 307, 323, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Petitioner was granted interim bail, failed to join the investigation, resultantly, the anticipatory bail was dismissed  --  Not even a single word in the pleadings explaining the reason for not joining the investigation, however, considering that name of the petitioner is mentioned only in the cross-version and he was granted interim bail by the trial court, one more opportunity is granted to the petitioner to join the investigation within one week.

(Para 9)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Non-bailable warrants issued -- Non-appearance on 4 dates – Reasons given by petitioner prima facie are not satisfactory -- However, the petitioner is granted another opportunity to appear before the trial Court and to furnish fresh surety bonds to the satisfaction of the trial Court, subject to payment of costs of Rs. 50,000/- to be deposited in Poor Patient Welfare Fund of Post Graduate Institute of Medical Education and Research, Sector 12, Chandigarh.

(Para 3-7)

Indian Penal Code, 1860 (45 of 1860), Section 376-D – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Gang rape -- Anticipatory bail – Prosecutrix was 36 years of age – I.O. is not in a position to dispute that the prosecutrix has not supported the contents of FIR in the statement recorded u/s 164 Cr.P.C -- Medical evidence has been sent to FSL and report is awaited -- Considering the facts of the case and the age (17 years) of the petitioner, he is granted anticipatory bail.

(Para 2, 4-6)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 34, 406, 498-A, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Dowry harassment case – Anticipatory bail – Non-recovery of some dowry articles – Whether it is ground for refusal of pre-arrest bail – Ld. Session Judge held merely on the assertion of the complainant that more valuable articles are yet to be recovered, anticipatory bail could not be refused, criminal proceedings u/s 406 and 498-A of IPC are not meant for recovery of jewellery and dowry articles and complainant, if so chooses, can move civil court for recovery of the said articles – High Court saw no reason to take a different view and withdraw the concession of pre-arrest bail to the accused – Petition by complainant dismissed.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 306/34 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Anticipatory bail -- There is no dying-declaration or suicide note of the deceased – In the post-mortem report, there was no evidence to show that any resistance was shown by the deceased, when, as per the allegations, the accused persons forcibly administered some poisonous substance to her – Main accused has already been released on regular bail; petitioner No.1 (mother-in-law) is aged about 87 years; petitioner No.2 (sister-in-law) is separate in mess and is having two minor children, petition allowed and the petitioners are granted anticipatory bail.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 353, 186, 341, 427, 148, 149, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail – Contention that no specific injury is attributed to the petitioner and he himself had received several injuries in the occurrence -- Especially when the petitioner had received several injuries in the occurrence, Court deemed it a fit case to grant the concession of anticipatory bail.

(Para 2-7)

Punjab Excise Act, 1914 (1 of 1914), Section 61, 78(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail – 25 boxes of liquor were recovered from Boot (dighi) of the car – Two accused were arrested during Investigaiton -- Name of the petitioner surfaced in the disclosure statement of owner of Car – Neither the car is owned by the petitioner nor he was present at the spot and also the fact that no recovery is to be made -- Petitioner granted anticipatory bail.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Recovery of 4 gram heroin -- Considering the fact that alleged recovery is of non-commercial quantity, no recovery is to be made from the petitioner and it is the only case registered against the petitioner -- Pre-arrest bail granted.

(Para 2-6)

Punjab Excise Act, 1914 (1 of 1914), Section 61 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- Secret information received that petitioner is selling illicit liquor and if raid is conducted, she can be apprehended -- Raid was conducted and allegedly 50 kg lahan was recovered from her house –Considering the facts of the case in entirety, more so that it is not forthcoming as to why she was not arrested at the time of raid, petitioner granted anticipatory bail.

(Para 2-6)

Punjab Excise Act, 1914 (1 of 1914), Section 61(1) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Excise matter – Anticipatory bail -- Petitioner was sitting on the bed at the time of raid, two plastic Cans (60 bottles of illicit liquor) were recovered under the bed where he was sitting -- In raid he disclosed his name, yet nothing is forthcoming why he was not arrested at the spot -- Merely, the fact that there are other cases pending against him, would not be a ground to deprive him of personal liberty – No recovery is to be made from the petitioner -- Anticipatory bail granted to the petitioner.

(Para 6,7)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Constitution of India, Article 14 – Anticipatory bail by juvenile – Maintainability of -- Simply because there are special provisions made for grant of bail to a juvenile, would not dilute his right to approach a Court u/s 438 Cr.P.C. so as to seek protection against his arrest -- There cannot be any discrimination against juvenile in the matter of consideration for grant of anticipatory bail because that would be denial of his fundamental right under Article 14 of the Constitution of India – Held, juvenile is as much entitled to avail the benefits u/s 438 of Cr.P.C. as any other citizen is entitled.

(Para 7)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 1, 14 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter -- Anticipatory bail -- 140 kg of lahan recovered from the house belonging to the petitioner – There is no other case against the petitioner and recovery already stands effected – Petitioner granted concession of anticipatory bail.

(Para 1-6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A, 376-D – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 438 -- Anticipatory bail – Jump of bail – Proclaimed offender -- Petitioners were allowed anticipatory bail by High Court but they failed to put in appearance during trial and warrants of arrest were un-executed -- Though the prosecutrix has already turned hostile and did not support the version of the prosecution, however, concession of anticipatory bail ought not to be allowed to a person who has been declared as proclaimed offender -- Court deemed appropriate to direct the petitioners to surrender before the trial Court within a period of one week and move appropriate application for bail -- In case they comply with the aforesaid directions their application for bail may be considered on the date so filed. Pradeep Sharma (2014) 2 SCC 171, relied.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cheating – Anticipatory bail -- Contention that neither the petitioner was proprietor, nor the partner in the firm and only allegation against the petitioner is that he has convinced with the complainant to invest the money, rather, the petitioner himself has been defrauded of Rs.5 crores by the company and moved a representation to the S.S.P. prior to the registration of the present FIR – Petitioner was directed to join the investigation with protection of interim bail -- Petitioner joined the investigation now not required for any further investigation -- Interim bail to the petitioner made absolute.

(Para 3-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Anticipatory bail -- Recovery of poppy husk is non-commercial quantity -- No recovery effected from the petitioner and he is being arraigned as an accused on the statement of co-accused – Petitioner is not involved in any other case under the NDPS Act –Anticipatory bail granted.

(Para 6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61/1/14 -- Indian Penal Code, 1860 (45 of 1860), Section 473 IPC – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Excise matter – Anticipatory bail -- 45 boxes of country made liquor were recovered from a car and co-accused was arrested at the spot -- Petitioner is not the owner of the car – Other co-accused was arrested later and stated that he was to hand over liquor to the petitioner – On direction petitioner joined investigation, the order granting interim bail to the petitioner made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 458, 324, 323, 427, 148, 149 (Sections 325/326 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Lalkara -- Anticipatory bail -- Petitioner is attributed a 'lalkara' only although the other co-accused are alleged to have caused injuries – Interim bail given, petitioner has joined the investigation to the satisfaction of the Investigating Officer and even challan has been presented to Court – Interim order made absolute.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 324, 326, 379, 382, 148, 149, 201 -- Arms Act, 1959 (54 of 1959), Sections 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 -- Proclamation order – Challenge to – Bail to petitioner – Right of -- Objective of the coercive mechanism prescribed under the Cr.P.C. is to ensure that the accused remains present before the Court to receive the orders and punishments as are passed qua the accused -- If the accused shows his sincere intention and desire to appear before the Court, then it would not be unjustified to protect him from being arrested -- Petition disposed of with a direction to the petitioners to surrender before the trial Court within 10 days -- On doing so, petitioners ordered to be released on bail subject to furnishing fresh bail bonds/surety bonds.

(Para 2-8)

Indian Penal Code, 1860 (45 of 1860), Section 148, 149, 323, 307, 325, 341, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail -- Petitioner has given a Jaily blow on the leg of victim, which is declared to be a simple injury and the injury, invoking Section 307 IPC, is attributed to co-accused, who was having an axe -- Petitioner was ordered to be released on interim bail and direction given to join the investigation -- Petitioner has joined the investigation and no more required for further investigation in the case – Interim order made absolute.

(Para 4-7)

A. Indian Penal Code, 1860 (45 of 1860), Section 379, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 439(2) -- Agreement to sell – Civil nature dispute – Anticipatory bail by Ld. Addl. Session Judge -- Cancellation of -- Main dispute between the parties is regarding breach of an agreement to sell and it is based on documentary evidence -- Dispute is purely of civil nature – Allegations and counter-allegations levelled by both the parties against each other can only be proved by leading cogent and convincing evidence -- Court found no ground to cancel the bail -- Petition dismissed.

(Para 8-10)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 439(2) -- Cancellation of bail – Ground of -- When a person to whom bail has been granted either tries to interfere with the course of justice or attempts to tamper with the evidence or witnesses or threatens witnesses or indulge in similar activity, which would hamper smooth investigation of trial, is a ground for cancellation of bail.

(Para 9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – Bail -- Proclamation at incomplete address – Effect of -- Even if it is presumed that the petitioner has been served, the proclamation proceedings initiated against the petitioner are not likely to be sustained because of his incomplete address on the proclamation notice – Order declaring petitioner as proclaimed offender set aside -- In case, the petitioner surrenders before the trial court within a period of one week, he shall be admitted on interim bail, subject to his furnishing adequate bail bonds/surety bonds to its satisfaction.

(Para 7-9)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(c) – NDPS case – Anticipatory bail -- From two co-accused 2600 tablets containing Tramadol Hydrochloride were allegedly recovered -- Co-accused are alleged to have stated that they had purchased the same from one ‘B’ and ‘B’ stated that he had purchased the same from ‘J’, who stated that he had purchased the same from the petitioner -- Thus, the petitioner has been arraigned as an accused -- Petitioner is not involved in any other case under the NDPS Act – On direction petitioner joined investigation, in view of the Covid-19 Pandemic, the order granting interim bail made absolute.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Section 498-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – Recovery of dowry article – Requirement of -- Bail opposed by complainant on the ground that recovery of the dowry articles is yet to be effected -- Submission is totally misplaced and misconceived, case pertains to the offence u/s 498-A IPC and is not u/s 406 IPC where the entrustment of articles is mandatorily required to be made to the person, by whom, it is misappropriated – Petitioner has joined the Investigation, no more required for further Investigation -- Interim order made absolute.

(Para 3,4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438, 482 -- Proclaimed offender – Inherent powers u/s 482 Cr.P.C. – Anticipatory bail – Right of -- When an accused has been declared as a proclaimed offender, a petition u/s 482 Cr.P.C., impugning that order is not maintainable and accused should first move the Court which declared him a proclaimed offender and even an objection against validity of proclamation is required to be raised in the first instance before the Court which issued the proclamation and that power u/s 482 Cr.P.C., is not to be exercised in favour of a person, who is absconding or avoiding service -- If an accused is absconding and declared as a proclaimed offender, he should not be granted anticipatory bail -- Petition dismissed, petitioner directed to surrender before the trial Court and move application seeking regular bail. Mehnga Singh’s case 2002 (2) RCR (Criminal) 501 and Pradeep Sharma’s case 2014 (1) RCR (Criminal) 269 relied.

(Para 3,4)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 94 – Code of Criminal Procedure, 1973 (2 of 1974), Section 57, 167, 438 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 341, 120-B, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 29 – Murder case -- Anticipatory bail – Interim bail -- Juvenile-petitioner’s reliance upon birth certificate and matriculation certificate -- Without commenting anything as regards the genuineness of the documents, petition disposed of with the directions:

(i) The petitioner to surrender before the Juvenile Justice Board within 10 days and upon the petitioner so surrendering, the Juvenile Justice Board shall release the petitioner on interim bail subject to his furnishing requisite bail bonds to the satisfaction of the Board.

(ii) The Board shall conduct an inquiry as regards the juvenility of the petitioner. If the petitioner is found to be juvenile, the Board shall consider his release under Section 12 of the Act and pass an appropriate order.

(iii) The petitioner to be present before the Board on the day his bail application is to be heard and on the day when the order on his bail application is to be pronounced or on any other day as directed by Board.

(iv) If the Board, upon inquiry regarding age comes to conclusion that the petitioner is not a juvenile, he shall be produced before Illaqa Magistrate who shall proceed further in accordance with law. The petitioner shall appear before the Board on all the dates unless specifically exempted.

(v) The interim bail shall come to an end if petitioner is not found to be juvenile or in case his application is dismissed under Section 12 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(Para 4)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Punjab Travel Professionals (Regulation) Act, 2014 Section 13 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Second petition for anticipatory bail – Compromise – Cheating – Petition allowed, petitioner directed to appear before the I.O. within a period of 10 days and she shall be released on interim bail on her furnishing bail/surety bonds subject to the conditions envisaged under Section 438(2) Cr.P.C. – Disposed of.

(Para 1-7)

Narcotic Drugs and Psychotropic Substances, Act, 1985 (61 of 1985), Section 15/61, 27-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – NDPS case – Anticipatory bail -- Contention that the petitioner neither named in the FIR nor any recovery effected from him -- He has been arraigned as an accused on the statement of co-accused from whom 4.7 kgs of poppy husk has been recovered which is below the threshold of 50 kgs of commercial quantity -- Petitioner is not involved in any other case under the NDPS Act – Without expressing any opinion on the merits of the case and in view of the submissions, Court deemed it a fit case to grant the concession of anticipatory bail to the petitioner.

(Para 3-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 10 – Indian Penal Code, 1860 (45 of 1860), Sections 323, 354-B, 452, 506, 34 IPC – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Disrobe the woman/minor – POCSO matter – Anticipatory bail – There is dispute between two families resulting in registration of two FIR's, taking the allegations in the FIR on its prima facie value, the serious allegations are only against accused S and R, interim bail granted -- Petitioner has appeared before the Investigating Officer and joined the investigation and he is no more required for further investigation -- Petition allowed.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 324, 323, 341, 506, 427, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Grievous hurt – Anticipatory bail -- Offence u/s 307 IPC deleted and offence u/s 326 IPC added -- No grievous injury attributed to the petitioner – On interim direction, petitioner has joined the investigation to the satisfaction of Investigating Officer and she is no more required in further investigation of the case – Interim order made absolute.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 353, 186, 324, 326, 332, 333 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Grievous hurt – Anticipatory bail -- Petitioner was arrested and then released on regular bail -- Subsequently, offences under Section 326, 333 IPC had been added -- It is not the case of the prosecution that petitioner has misused the concession of regular bail in any way -- Custodial interrogation of the petitioner is not required -- Petition accepted.

(Para 3-8)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 326, 324, 323, 341, 506, 427, 34 IPC – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail -- Offence u/s 307 IPC deleted and in its place, offence u/s 326 IPC added -- Main accused were arrested and lateron, released on regular bail by the Court -- Petitioner was unarmed, only fist blows are attributed to him and he also damaged the motorcycle of the complainant – Interim bail granted to join the Investigaiton – Petitioner has joined the investigation to the satisfaction of IO and he is no more required in further investigation of the case -- Interim order made absolute.

(Para 2-5)