Indian Penal Code, 1860 (45 of 1860), Sections 147, 148, 149, 302, 307, 452, 384, 506, 120-B, 216 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Conspiracy -- Regular bail -- Appellant nominated as an accused only for being part of the conspiracy to the crime in question and he was not present when the alleged murder took place -- Bail allowed.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Section 489-A, 489-B, 489-C, 489-D – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Recovery of counterfeit currency – Regular bail -- Petitioner in custody since 04.04.2024 -- Entire case of the prosecution is based on documentary evidence, which is already part of the challan -- Trial is unlikely to conclude in the near future – Bail allowed.

(Para 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 21(c), 22(c), 23(c), 25, 27-A, 29 -- Prisons Act, 1894 (9 of 1894), Section 42, 52-A – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS – Regular bail -- Recovery of 1600 grams of heroin from co-accused -- Petitioner in custody since 18.09.2023; challan was presented on 12.03.2024 followed by framing of charges on 07.06.2024 -- Till date none of the 31 prosecution witnesses examined – No recovery of any contraband or even mobile handsets was affected from the petitioner; the petitioner is being sought to be linked to the co-accused only on the basis of some mobile calls made between him and them – Bail allowed.

(Para 7)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 480(6), 483 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 406, 120B – Cheating – Non-conclusion of trial within 60 days -- Bail – Right of -- Charges framed on 31.05.2024, case is triable by the Magistrate -- First date for recording evidence was 14.06.2024 and 60 days completed on 13.08.2024 -- Accused-petitioner is in custody for more than two years -- Only one prosecution witness out of total 33 prosecution witnesses examined -- Accused cannot be continued in custody for an indefinite period and that too for no fault on his bail in conclusion of the trial as per the mandate of Section 480(6) of BNSS – Bail allowed.

(Para 9, 10)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 389(1) -- Suspension of fine -- While convicting an accused, if a direction is issued against him to pay a fine, such a direction can be suspended in the exercise of power under sub-section (1) of Section 389 of the CrPC.

(Para 6)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 389(1) – Constitution of India, Article 21 -- Suspension of sentence/ fine -- While suspending the sentence, especially the sentence of fine, the Appellate Court can impose conditions -- Court has to keep in mind that if a condition of deposit of an amount is imposed while suspending the sentence of fine, the same should not be such that it is impossible for the appellant to comply with it, defeating his right of appeal against the order of conviction, which may also violate his rights under Article 21 of the Constitution.

(Para 8)

Bharatiya Nyaya Sanhita, 2023 (45 of 2023), Section 3(5), 108 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 482 -- Abetment to suicide – Anticipatory bail -- Deceased-employee was disturbed since about 2 weeks, his seniors/ petitioner at Bank were harassing during duty – Prosecution failed to provide specific allegations or instances demonstrating the petitioner’s role in prompting or instigating the deceased to commit suicide -- Primafacie basic ingredients of Section 108 and 3(5) of BNS, 2023 not met out -- It would be a futile exercise to send the petitioner behind the bars for custodial interrogation – Anticipatory bail allowed.

(Para 2-5)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 528 – Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) – Chatur Varshik Shradh of deceased father of convict – Interim bail -- Rape convict for 10 years -- Denial or curtailment or deprivation of interim release shall defeat the object and intent of reformation, which is the heart and core of criminal justice -- Interim bail granted commencing from 12th October 2024 till 20th October, 2024 with two police personnels.

(Para 5, 6)

Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023) Section 491, 492, 528 – Constitution of India, Article 21 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 61, 85 – Solitary absence of the petitioner/ accused -- Forfeiture of bail bond -- Many a times, the accused can be prevented by sufficient reasons to put an appearance before the Court on a given date and, therefore, it necessarily cannot be construed as a deliberate and willful absence -- Procedure must be compatible with Article 21 of the Constitution of India i.e. it must be fair, just and not suffer from the vice of arbitrariness or unreasonableness --  Petitioner himself come forward and has undertaken to appear before the trial Court on each and every date -- Petition allowed, impugned order set aside.

(Para 10-12)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 20 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case – Regular  bail -- Recovery of 3.17 Kg. of charas – Sample was not taken from each piece or each strip, 100 gram sample was randomly taken -- It cannot be said that each sample is the representative sample of the allegedly recovered quantity of the applicant -- Bail allowed. Gaunter Edwin Kircher’s case (1993) 3 SCC 145 relied.

(Para 4-9)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (n), 6 – Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376(3), 376 (2)(n) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 -- POCSO – Rape – Regular bail – Applicant submitted hat the victim in her examination u/s 164 of the Cr.P.C. has stated that she was known to the applicant and she on her own left her house and joined the company of the applicant and they did not establish any physical relationship -- These facts admitted by State -- Bail allowed.

(Para 4-7)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3(a), 4(2), 5 (l), 6– Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376 (2) (n), 376 (3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 161, 164, 439 -- POCSO – Rape – Regular bail – In statement u/s 161 and 164 of Cr.P.C., victim stated that the victim and the applicant both were in relationship and their relations were consensual – State submitted that the victim is a minor – Bail allowed.

(Para 4-7)

Wild Life (Protection) Act, 1972 (53 of 1972), Section 9, 39, 48, 50, 51 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Recovery of elephant tusk – Regular bail -- No expert opinion at this stage -- Applicant has no criminal history – Bail allowed.

(Para 3-7)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Commercial quantity – Regular bail – Rigors of Section 37 of NDPS Act -- Petitioner is in custody for last 1 year and 10 days -- Charges framed on 08.04.2024, out of a total of 18 prosecution witnesses, none has been examined so far -- Trial is likely to take a considerable time, thus his further incarceration would be violative of his right enshrined under Article 21 of the Constitution of India -- Rigors of Section 37 of NDPS Act can be diluted bearing in mind the right to a speedy trial – Bail allowed.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Section 307-- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 -- Attempt to murder – Regular bail -- Petitioner was arrested on 06.05.2024 and final report u/s 173 Cr.P.C. presented -- Petitioner is a first offender and there is no material on record to indicate that the petitioner is in a position to tamper with the prosecution evidence -- Further custody of the petitioner will not serve any meaningful purpose – Bail allowed.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 323, 376D, 363, 366A, 120B -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 5, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – POCSO -- Short term bail – Liver transplantation of father – Applicant proposed to donate his liver -- Applicant ordered to be released on short term bail for a period of six weeks on humanitarian ground.

(Para 3, 5, 6)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 21 -- Indian Penal Code, 1860 (45 of 1860), Section 363, 366, 376, 506 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – POCSO – Rape – Regular bail -- Petitioner is behind bars since 4.9.2022 – One is deemed to be innocent, till the time, his/her guilt is proved in accordance with law -- Guilt, if any, of the bail petitioner is yet to be proved in accordance with law -- No reason to let the bail petitioner incarcerate in jail, for an indefinite period, especially when co-accused stands enlarged on bail – Bail allowed.

(Para 1, 22-29)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Excise matter -- Regular bail – Direction to furnish bail bonds after 6 months – Sustainability of -- High Court ordered to release the petitioner on bail subject condition that “the petitioner shall furnish his bail bonds after completion of six months in custody from today” – Held, no valid reason for the High Court to impose the condition – Condition set aside, Trial Court directed to release the petitioner on bail forthwith on furnishing bail bonds to its satisfaction.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 302, 201 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 – Murder – Regular bail -- Petitioner is in custody for more than 5 years -- An accused or an under trial has a fundamental right to speedy trial -- When a trial gets prolonged, it is not open to the prosecution to oppose bail of the accused-under trial on the ground that the charges are very serious -- Bail cannot be denied only on the ground that the charges are very serious though there is no end in sight for the trial to conclude -- Out of 48 witnesses, only about 16 to 18 witnesses have been examined – Bail allowed.

(Para 5)

Indian Penal Code, 1860 (45 of 1860), Section 307, 323, 324, 341, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Attempt to murder – Unlawful assembly – Anticipatory bail -- Petitioner was not armed with any weapon and no injury has been attributed to him -- At the most, he was a member of unlawful assembly and other members of the said assembly had caused injuries to the complainant and his cousin brother -- No recovery is to be effected from the petitioner – Custodial interrogation of the petitioner would not serve any useful purpose – Anticipatory bail allowed.

(Para 7, 8)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Constitution of India, Article 21 -- Bail – Right of -- “Bail is the Rule and Jail is an Exception” – Objective behind detention of a person is to ensure easy availability of an accused for trial, without any inconvenience, however, in case the presence of an accused can be secured otherwise, then detention is not compulsory -- Right to a speedy trial is one of the rights of a detained person -- Courts shall also take into consideration the fundamental precept of criminal jurisprudence, “the presumption of innocence”, besides the gravity of offence(s) involved.

(Para 13)

B. Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 160, 323, 325, 201 – Arms Act, 1959 (54 of 1959), Sections 25, 27, 54, 59 --  Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Though the petitioner was named in the FIR but no specific role attributed to him -- Weapon recovered from the petitioner is yet to be co-related with the injury suffered by the injured before the learned trial court -- Incarceration of about one year and the trial is yet to begin as no charges have been framed -- 27 prosecution witnesses cited in challan -- Trial would take a long time -- Victim is now hale and hearty -- Bail allowed.

(Para 17, 18)

A. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 41, 438 -- Anticipatory bail under SC/ST Act – Maintainability of -- Whether Section 18 of the Act, 1989 imposes an absolute bar on the grant of anticipatory bail in cases registered under the said Act? -- The term ‘arrest’ appearing in the text of Section 18 of the Act, 1989 should be construed and understood in the larger context of the powers of police to effect an arrest and the restrictions imposed by the statute and the courts on the exercise of such power -- Bar u/s 18 of the Act, 1989 would apply only to those cases where prima facie materials exist pointing towards the commission of an offence under the Act, 1989 -- Because it is only when a prima facie case is made out that the pre-arrest requirements as stipulated u/s 41 of CrPC could be said to be satisfied.

(Para 13, 46)

B. Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r), 18 – Anticipatory bail under SC/ST Act -- Mere knowledge of the fact that the victim is a member of the Scheduled Caste or Scheduled Tribe is not sufficient to attract Section 3(1)(r) of the Act, 1989 -- Offence must have been committed against the person on the ground or for the reason that such person is a member of Scheduled Caste or Scheduled Tribe – While considering,  whether prima facie materials exist, warranting arrest of the appellant, there is nothing to indicate that the allegations/ statements alleged to have been made by the appellant were for the reason that the complainant is a member of a Scheduled Caste -- Appeal succeeds, in the event of arrest of the appellant, he shall be released on bail.

(Para 80-89)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22 – Code of Criminal Procedure, 1989 (XXIII of 1989), Section 437, 439 -- NDPS – Commercial quantity -- Regular bail – Inventory report not signed by accused -- A person who conducts search is supposed to sign the recovery memo -- Drug Inspector has conducted search, but the recovery memo not signed by him – Bail allowed.

(Para 2, 7, 8)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 -- Indian Penal Code, 1860 (45 of 1860), Section 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- POCSO – Rape -- Bail to juvenile in conflict with law/ CCL – Right of -- Penetrative sexual assault on minor prosecutrix --  Word “shall”, suggests that normally, prayer, if any, made for grant of bail deserves to be allowed -- No material worth credence was ever adduced on record by the prosecution to suggest that in the event of CCL being enlarged on bail, he may not only come in contact of hardened criminals but may again indulge in such activities – Principle of non-stigmatizing semantics is required to be followed -- Bail allowed with conditions.

(Para 8-18)

Code of Criminal Procedure, 1973 (2 of 1974), Section 437, 438 – Indian Penal Code, 1860 (45 of 1860), Section 406, 420, 120B -- Anticipatory bail -- Onerous condition -- Court can impose necessary, just and reasonable conditions while enlarging an accused on bail -- Any other condition not specified u/s 438 Cr.P.C. may also be imposed by the Court, but the other conditions, which may be imposed, must be ejusdem generis as the condition specified u/s 438 Cr.P.C.  -- Condition of tendering a FDR of Rs. 3,90,00,000/- on the case file by the petitioners was highly unwarranted, unreasonable and onerous and is liable to be set aside – Condition set aside.

(Para 10-17)

Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Indian Penal Code, 1860 (45 of 1860), Section 354, 506  -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 9, 10 – POCSO -- Bail to juvenile in conflict with law – Right of -- A juvenile in conflict with law has to be necessarily released on bail unless proviso is applicable -- No finding recorded by JJ Board that the proviso to sub-Section 1 of Section 12 is applicable to the facts of the case -- Without recording the said finding, bail could not have been denied -- Psychological Assessment Report of the Juvenile records that the juvenile does not belong to high risk category and against the column “worry list of child” it is mentioned that there was “no worry” – Bail allowed.

(Para 6-10)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Abetment to suicide – Refusal to marry -- Anticipatory bail -- Neither there is any incident of provocation nor any instigation -- Mere refusal of the proposal for marriage does not attract the provisions of the offence u/s 306 IPC – Bail allowed.

(Para 4, 5)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Bail – Principles – Court observed, over a period of time, the trial courts and the High Courts have forgotten a very well-settled principle of law that bail is not to be withheld as a punishment -- On account of non-grant of bail even in straight forward open and shut cases, Supreme Court is flooded with huge number of bail petitions thereby adding to the huge pendency -- Trial courts and the High Courts attempt to play safe in matters of grant of bail -- Trial courts and the High Courts should recognize the principle that “bail is rule and jail is exception”.

(Para 53)

B. Prevention of Money-Laundering Act, 2002 (15 of 2003), Section 3, 45 – Prevention of Corruption Act, 1988 (49 of 1988), Section 7, 7A, 8, 12 -- Indian Penal Code, 1860 (45 of 1860), Section 420, 201, 120B -- Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Corruption case -- Regular bail – Bar contained in Section 45 of PMLA – Prolonged incarnation – Speedy trial – Right of -- Long incarceration running for around 17 months, trial even not having been commenced, the appellant has been deprived of his right to speedy trial – Right to speedy trial and the right to liberty are sacrosanct rights – 493 witnesses have been named, the case involves thousands of pages of documents and over a lakh pages of digitized documents -- Not even the remotest possibility of the trial being concluded in the near future – Keeping the appellant behind the bars for an unlimited period of time would deprive his fundamental right to liberty under Article 21 of the Constitution – Bail allowed, stringent conditions imposed.

(Para 49-58)

Indian Penal Code, 1860 (45 of 1860), Section 498A -- Dowry Prohibition Act, 1961, (28 of 1961), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cruelty -- Matrimonial dispute – Anticipatory bail – Enormous conditions -- Purpose of putting conditions while granting pre-arrest bail is to secure the presence of the accused to ensure a fair trial and also for the smooth flow of the investigating process – Courts have to be very cautious in imposing conditions while granting bail upon finding pre-arrest bail to be grantable – Condition for release of petitioner on the provisional bail to give undertaking that the appellant would fulfil all physical and financial requirements by way of an affidavit set aside.

(Para 4-9)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 439 --  Constitution of India, Article 21 -- Automatic cancellation of bail -- Whether High Court can impose a condition of automatic cancellation of bail order -- Cancelling of bail order directly affects freedom of a person which affects his fundamental rights -- Reasonable opportunity of hearing is a fundamental right under the Constitution of India – Held, if there is an automatic cancellation of bail order, then valuable right of natural justice is denied to accused -- Such condition could not be made part of the bail order.

(Para 7)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 362 -- Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 403 – Constitution of India, Article 21 -- Automatic cancellation of bail -- Review of order -- Court is barred from reviewing or altering its own order under Section 362 of Cr.P.C./ 403 of B.N.S.S., 2023 -- Both sections are pari materia -- While recalling a judgment Court has to apply its mind and has to look into the facts of the case, therefore, bar u/s 362 of Cr.P.c. or new Section 403 of B.N.S.S., 2023 will be operative, but there are certain exceptions when Court can recall/relook into the judgment and violation of fundamental rights is one of the said exceptions -- If condition of automatic cancellation of bail order is hit by Article 21 of the Constitution of India, then order will be revived and Court can consider the application for modification also.

(Para 7)

Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994 (57 of 1994), Section 3, 4, 5, 6, 23, 25, 29 -- Indian Penal Code, 1860 (45 of 1860), Section 419, 420, 120-B, 201, 34  -- Medical Termination of Pregnancy Act, 1971 (34 of 1971), Section 3, 4 -- National Medical Commission Act, 2019 (30 of 2019), Section 34, 54 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Sex-determination – Regular bail -- Petitioner acted as a mediator between the decoy witness and the co-accused for the purpose of sex determination test -- Petitioner nominated on the basis of disclosure statement made by co-accused, who has been granted concession of regular bail -- Petitioner was arrested in this case on 27.03.2024, challan has already been presented -- Prosecution has cited 28 witnesses and none of them has been examined -- Conclusion of trial will take sufficient long time – Bail allowed.

(Para 5, 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Constitution of India, Article 21 -- NDPS Case – Commercial quantity – Regular bail -- Petitioner has already incarcerated 2 years and 11 days in custody and not involved in any other case -- Probability of his false implication cannot be ruled out particularly in the light of the fact that police party was in a private vehicle, details of which have not been mentioned – Charges framed on 13.2.2023, wherein out of 9 prosecution witnesses, only 2 have been examined so far, meaning thereby the trial will take long time which tantamount to violation of right to life and liberty as has been enshrined in Article 21 of the Constitution of India even including the right to speedy trial -- “Bail is a rule, jail is an exception” is the basic principle of criminal jurisprudence – Petitioner ordered to be released on regular bail.

(Para 5-9)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 18(b), 29 – Constitution of India, Article 21 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS – Commercial quantity – Regular bail –  Trial delayed due to the repeated and continuous non-appearance of the prosecution witnesses, the State cannot justifiably oppose the prayer of the petitioner for bail -- Petitioner in custody since 13.09.2022, there is no foreseeable conclusion to the trial in the near future -- Court deemed it appropriate to allow the petition by dispensing with the conditions of Section 37 of the NDPS Act -- Petitioner admitted to bail.

(Para 7-9)

Indian Penal Code, 1860 (45 of 1860), Section 420, 120B – Information Technology Act, 2000 (21 of 2000), Section 66(D) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cheating – Regular bail -- Complainant had been cheated of an amount of Rs.3 lacs -- Amount of Rs.1,50,000/- received in the account of the petitioner – He is a first time offender, in custody since 15.12.2023 but only 02 of the 09 prosecution witnesses have been examined so far -- Trial of the case is not likely to be concluded anytime soon -- Bail allowed.

(Para 5, 8, 9)

A. Constitution of India, Article 21 -- Right to bail – Right to Life and liberty – Restrictions imposed by Statute – Effect on Constitutional Court -- Right to life and personal liberty enshrined under Article 21 of the Constitution of India is overarching and sacrosanct -- A constitutional court cannot be restrained from granting bail to an accused on account of restrictive statutory provisions in a penal statute if it finds that the right of the accused-undertrial under Article 21 of the Constitution of India has been infringed -- In that event, such statutory restrictions would not come in the way.

(Para 32)

B. Constitution of India, Article 21 -- Right to bail – Right to Life and liberty – Restrictions imposed by Statute – Effect on Constitutional Court -- In the case of interpretation of a penal statute, howsoever stringent it may be, a constitutional court has to leError! Hyperlink reference not valid.an in favour of constitutionalism and the rule of law of which liberty is an intrinsic part -- In the given facts of a particular case, a constitutional court may decline to grant bail -- But it would be very wrong to say that under a particular statute, bail cannot be granted --  It would run  counter to the very grain of our constitutional jurisprudence.

(Para 32)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 20, 27-A, 29, 60, 37 -- Constitution of India, Article 21 -- NDPS Case – Regular bail – Commercial quantity -- Petitioner is in custody since 08.09.2021 i.e. for the last more than 2 years and 10 months -- Out of 16 witnesses cited by the complainant, statement of only one witness has been concluded -- Charge framed way back on 18.07.2022 -- Conclusion of the trial is likely to take long time -- Petitioner is the first offender and has not been found to be involved in any other case -- Rigors of Section 37 of the NDPS is required to be balanced with Article 21 of the Constitution of India, which provides fundamental right to life and liberty -- Right to speedy trial forms a facet of Article 21 -- Petitioner admitted to regular bail.

(Para 7-12)

Indian Penal Code, 1860 (45 of 1860), Section 302, 365, 143, 201, 364, 147, 148, 149, 323, 342, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder – Regular bail – Extrajudicial confession -- Only one eye-witness to depose against the petitioner, but he has turned hostile and has not supported the story -- In the charge-sheet, two other witnesses projected by prosecution to depose against the petitioner in respect of alleged extra judicial confession – Incident took place on 19.07.2023, however, the statements of these two witnesses got recorded by Police on 30.08.2023 -- Inordinate delay casts a serious doubt over the credibility of the investigation – In any wildest imagination, an accused shall not make confession before a person having connection with the opposite party -- High probability that the trial may take long time to conclude – Bail allowed.

(Para 4, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(c), 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Interim regular bail -- Bhog ceremony of father -- Petitioner is involved in two NDPS cases including the present one -- Superintendent, Central Jail, directed to make all necessary arrangements for taking the petitioner, in custody, to attend the Bhog ceremony with police escort.

(Para 3,4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22, 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Commercial quantity – Bail in such cases may not be granted, unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail -- But, denial of bail does not give unfettered liberty to the prosecution to keep a person in custody without conducting a trial -- Applicant is in custody for more than a year -- In between, for more than six months, no progress was made in the case, the trial has yet not concluded -- Bail allowed.

(Para 5-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 42, 50 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS Case -- Regular bail -- Recovery of 400 grams smack – Recovery Memo not signed by Gazetted officer – Provisions of Section 42 of NDPS Act not complied with – Applicant deserves to be enlarged on bail – Bail  application allowed.

(Para 5-9)

Indian Penal Code, 1860 (45 of 1860), Section 363, 376-D, 320, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 5(g), 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Gang rape – POCSO case -- Regular bail -- In the FIR, the applicants are named, and according to the victim, she was taken from her house -- In her statement u/s 164 of the Code, the victim tells that she was forcibly taken from a public road, when the applicants introduced themselves to her -- In her medical examination, she did not name the applicants and told that unknown persons took her -- Prior to the medical examination of the victim, the FIR had already been lodged – If the victim did not know the name of the applicants when she was medically examine, how could she name the applicants in the FIR -- Bail allowed.

(Para 7-10)

Indian Penal Code, 1860 (45 of 1860), Section 307, 506, 148, 149, 336 -- Arms Act, 1959 (54 of 1959), Section 25, 27 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 438 – Anticipatory bail -- Attempt to murder – Summoning u/s 319 Cr.P.C. -- Petitioners were found innocent during investigation -- Petition allowed, petitioners directed to appear before the trial Court on or before the date already fixed thereat -- On their such appearance, they shall be admitted to bail by the Court concerned on usual terms and conditions -- In the meantime, in case, petitioners are sought to be arrested, they shall be admitted to interim bail to the satisfaction of the Arresting Officer.

(Para 6-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 482 – NDPS Case – Jump of bail – Proclaimed offender -- Due to communication gap with his counsel, the petitioner could not appear in Court on 6.10.2023 and his bailable warrants were issued for 13.12.2023 -- On 13.12.2023 he was out of station due to some household work -- Resultantly, his bail and surety bonds were cancelled and warrants of arrest were issued and thereafter, proclamation was issued and he was declared proclaimed offender – Petitioner undertakes that he is ready and willing to surrender before the trial Court – Order declaring proclaimed offender set aside subject to surrendering of the petitioner within 7 days with cost of Rs.10,000/-

(Para 2-8)

Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3(1)(r), 14(2), 18 – Indian Penal Code, 1860 (45 of 1860), Section 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail – SC/ST Case – Cheating -- It has not been specifically stated IN FIR that the appellants had any knowledge that the complainant belonged to a Scheduled Caste and even no specific words have been attributed by the appellants – Prima facie, the ingredients of Section 3(1)(r) of the SC/ST Act are not made out and thus, the appeal is allowed and in the event of arrest, the appellants shall be released on bail subject to furnishing personal bonds and surety to the satisfaction of Arresting/Investigating Officer.

(Para 8, 9)

Indian Penal Code, 1860 (45 of 1860), Section 148, 149, 302, 506, 285 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Murder -- Anticipatory bail – Summoning u/s 319 Cr.P.C. -- Complainant as party -- No force in contention of State so as to implead the complainant as a party -- Petitioner not named in the FIR to be amongst the assailants and he has been named for the first time in supplementary statement of the complainant – On surrender by petitioner, the Trial court directed to release him on bail.

(Para 6-8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439, 482 -- NDPS Case -- Interim bail – Birth of daughter – Recovery of 530 grams of Heroin – Without adverting to the merits of the case and considering the fact that a baby girl is born to the petitioner who has been in custody for more than 5 months deserved to be released on interim regular bail to enable him to share his love and affection to the newly born baby -- Petitioner ordered to be released on interim regular bail for a period of two weeks.

(Para 2-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 22, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Commercial quantity -- Regular bail -- According to the FIR, narcotic substance in commercial quantity was recovered from the possession of the co-accused on 28.04.2023 -- It is he who revealed that he had purchased narcotic substance from the applicant – Contention that applicant at the relevant time was in jail – Bail allowed.

(Para 1-8)

A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 18(3) – Protection of Children from Sexual Offences Act, 2012 (32 of 2012) Section 5(j)(ii), 6 -- Indian Penal Code, 1860 (45 of 1860), Section 376(3), 506 -- POCSO – Rape -- Child in conflict with law – Bail under juvenile law – Even if a CIL is transferred for trial as an adult under Section 18(3) of the Act, his bail application shall be entertained under Section 12 of the Act -- Bail to a CIL may be denied if there appear reasonable grounds for believing that his release is likely to bring him into association with any known criminal or expose him to any moral, physical or psychological danger, or his release would defeat the ends of justice.

(Para 10, 11)

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 18(3) – Protection of Children from Sexual Offences Act, 2012 (32 of 2012) Section 5(j)(ii), 6 -- Indian Penal Code, 1860 (45 of 1860), Section 376(3), 506 -- POCSO – Rape -- Child in conflict with law – Bail – Both the CIL and the victim were neighbours -- Both were young, the CIL was 17 years of age, whereas, the victim has stated her age as 15 years -- Victim has already been examined at trial -- After 6 months of pregnancy, the incident could be revealed -- FIR records that 4/5 times, the relationship were established -- Various questions would find deliberation during trial, which includes whether the relationship were consensual? Whether the parties were in relationship? If for the first time the offence was done, why the victim did not raise any alarm? Where the incident took place? etc. -- Social Investigation Report does not reveal anything adverse against the CIL -- The CIL was a student at the relevant time studying in class XII -- His conduct was good with everyone -- Fit case for bail and the CIL deserves to be enlarged on bail – Bail allowed.

(Para 14-16)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 29(c), 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular bail – Commercial quantity – Petitioner involved on disclosure statement of co-accused -- No recovery from petitioner, admissibility of the disclosure statement suffered by the co-accused would be debatable – No other case, petitioner in custody since 06.05.2024 -- Quantity of Tramadol recovered from the co-accused is a commercial quantity but this alone would not be sufficient to deny the concession of regular bail to the petitioner – Bail allowed.

(Para 1, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21(b) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS – Regular bail -- Recovery of 10.9 grams of heroin -- Petitioner was apprehended on 15.03.2024 -- No other criminal case and she is a lady aged about 69 years -- Challan has already been presented and the petitioner is no more required for further investigation – Prosecution has cited 14 witnesses and it will take sufficient long time to examine them – Bail allowed.

(Para 1, 4, 5)

A. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS Case – Regular Bail -- Commercial quantity – Rigour of Section 37 of NDPS Act – Applicability on High Court/ Supreme Court -- Provisions of Sections 36-A and 37 have to be read together and interpreted harmoniously so that Section 36-A(3) does not become redundant or otiose -- Restrictions contained in Section 37 of the NDPS Act were meant to be applicable to Courts other than the Constitutional Courts and in view of the provision contained in Section 36-A (3) of NDPS Act, those restrictions do not apply to the Constitutional Courts.

(Para 36)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 20, 23, 29, 37, 52A, 68, 76 – Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal), Rules, 2022, Rule 3, 9, 10, 11 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Commercial quantity -- Samples in presence of Magistrate – Non-compliance of – In recovery memo, packets recovered were not numbered serially for the purpose of identification, as provided in Rule 3 (2) of the 2022 Rules -- Samples were not drawn in presence of a Magistrate, as provided in Section 52-A of the NDPS Act and Rule 9 of the 2022 Rules -- Although 14 packages are claimed to have been seized from the applicant, samples have not been drawn from all the packets and a single sample has been drawn, that too not in duplicate and thus the authorities have violated Rule 10 of the 2022 Rules -- Authorities themselves have violated the mandatory provisions contained in Rules of 2022 -- Applicant has no previous criminal history and he is languishing in jail since 28.01.2024 -- Bail application allowed.

(Para 46-51)