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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Interim bail for cremation and last rights of wife – Recovery of 55 kg poppy husk – One more case against the petitioner under Indian Penal Code, 1860 – No danger or disturbance of peace in case the petitioner is released on interim bail -- Petitioner is directed to be released on interim bail for a period of 15 days -- On completion of period of 15 days, the petitioner shall surrender before the concerned authorities.

(Para 2-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Interim bail – FSL report awaited – Recovery of 750 tablets of Clovidol 100 SR – Petitioner is in custody since his arrest on 30.03.2021 –Report of the FSL being unnecessarily delayed and the petitioner not being involved in any other case, the petitioner is ordered to be released on interim bail till the receipt of the report of the FSL – In case of the report of the FSL being against the petitioner, the petitioner would forthwith surrender before the learned trial Court.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 341, 323, 148, 149, 188, 269 (302 and 325 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail – Petitioner was armed with a dang and other was armed with iron rod at the time of incident but no specific injury has been attributed to them -- Fatal blow to victim (deceased) have been given by co-accused – Similarly placed co-accused have since been granted concession of regular bail – Challan filed, charges framed, out of 20 prosecution witnesses cited none of them has been examined -- Conclusion of trial is likely to take considerable time – Petitions allowed.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 377, 506 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – Rape case -- Statutory bail – Addition of offence – Status of bail -- Statutory bail once granted to an accused u/s 167(2) of the Cr.P.C. cannot be cancelled even if his complicity has transpired subsequently during investigation in any offence of a more serious nature, provided that such serious offence is found to have been committed only in the same case, and not any other/different case – Petitioner originally granted statutory bail for the offence u/s 4 of the POCSO Act, 2012 along with Section 377 of the IPC, although subsequently the Final Report was submitted against him for the offences u/s 377 and 506 of the IPC along with Section 6 of the POCSO Act, 2012 -- Petitioner now permitted to be released on same bail terms, subject to an additional conditions.

(Para 3-6)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21C – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Challan without FSL – Interim bail --  Keeping in view the ratio of Inderjeet Singh @ Laddi’s case 2014(3) RCR (Criminal) 953, petitioner ordered to be released on interim bail -- Interim bail will come to an end automatically, the moment report of FSL is received in the trial Court and he would be liable to surrender before learned trial Court forthwith.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Sections 366  -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4, 6 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Suspension of sentence –Applicant has undergone 03 years, 05 months and 11 days including remission, out of the maximum substantive sentence of 10 years under 366 of IPC and Section 6 of the POCSO Act, 2012 – Applicant-appellant is not shown to be involved in any other cases as on date – Appeal is of the year 2019, it is not likely to be heard in near future -- Without commenting upon the merits of the case, the sentence suspended during the pendency of this appeal.

(Para 4, 5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- NDPS case -- Suspension of sentence – Keeping in view the fact that more than half of the sentence has already been undergone by the applicant-appellant and the recovery which has been effected in the other case in which he is said to have been involved was non-commercial, with the appeal not likely to be heard in near future, the application is allowed -- Sentence of applicant-appellant suspended during the pendency of instant appeal.

(Para 4)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29, 50 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- Recovery of 50 grams of heroin – Regular bail -- Charges not framed so far – Complicity of the petitioner on the basis of compliance of Section 50 of NDPS Act would remain debatable -- Alleged recovery is non-commercial in nature -- Petitioner is in custody since 08.12.2020 -- Trial of the case may take some time in its culmination -- Situation arising out due to COVID-19 pandemic and without adverting to the merits of the case, Court deemed it appropriate to enlarge the petitioner on regular bail.

(Para 11)

Indian Penal Code, 1860 (45 of 1860), Sections 147, 149, 323, 302, 506, 188, 216 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner is not named in the FIR, no injury is attributed to him, he is in custody for almost 9 months, he is 19 year of age and is not involved in any other case, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 147, 148, 149, 302 (Section 120-B IPC added subsequently) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular  bail -- Petitioner is not specifically named in the FIR and came to be nominated subsequently on the basis of a disclosure statement of the co-accused -- Petitioner, is behind bars since the last more than 11 months and is not even stated to be involved in any other case -- Conclusion of trial is likely to consume time as till date only 1 PW out of cited 26 PWs has been examined -- Further detention of the petitioner will not serve any useful purpose as the conclusion of trial will take some time -- Petitioner is ordered to be released on regular bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 406, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating and forgery case – Regular bail -- No allegation in the FIR to the effect that the petitioner had made any representation regarding sale of face masks or thermometers to the complainant, the role of the petitioner would be debatable -- Since the petitioner has been behind bars since the last about 4 months and is not stated to be involved in any other case, the petition accepted and the petitioner is ordered to be released on regular bail.

(Para 6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22(c), 61, 85 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- NDPS case – Recovery of 1500 intoxicant tablets from co-accused – One of the co-accused was granted regular bail -- Petitioner is not involved in any other case under the NDPS Act and the only evidence against the petitioner is the disclosure statement of the co-accused -- In view of the judgment passed by the Hon'ble Supreme Court in “Tofan Singh's case 2013(4) RCR (Criminal) 631, petition allowed.

(Para 1-7)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 324, 323, 326, 506, 148, 149, 201 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder –Third petition for regular bail -- Substantial change in the circumstances -- Subsequent to the withdrawal, similarly situated co-accused has been extended the concession of bail by High Court -- Charges have not yet been framed – Both the petitioner and co-accused (since granted the concession of bail) have been attributed the same injury on the thigh of the injured -- Petitioner has been in custody since 30.06.2020 -- Court deemed it a fit case for grant of the concession of regular bail to the petitioner, as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19.

(Para 2-5)

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), Section 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Petitioner has been attributed an iron rod blow on the head of injured SK as also a blunt injury on the head of RK – Petitioner was arrested on 28.01.2020 --  Trial is at the initial stage and would take time to conclude particularly keeping in view the current Covid pandemic – Offence u/s 307 IPC has been cited on the ground of intent and not on the basis of any medical opinion -- Petitioner is involved in a number of other FIRs but he has otherwise secured benefit of bail in such matters -- Compromise thrashed out between the parties -- Keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.

(Para 2-10)

Indian Penal Code, 1860 (45 of 1860), Sections 379/356 IPC (Section 379-A/34 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Snatching case – Third petition for regular bail – Petitioner was arrested on 26.01.2020 -- Recovery of the articles has been effected from the petitioner as also co-accused – Investigation in the case is complete and the challan has already been presented -- Charges have till date not been framed -- Trial as such would take time to conclude particularly keeping in view the current Covid pandemic – Petitioner is not involved in any other FIR -- Keeping in view the length of incarceration already suffered, petitioner is held entitled to benefit of bail.

(Para 4-10)

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)

Haryana Gauvansh Sanrakshan and Gausamvardhan Act, 2015 (20 of 2015), Sections 3/13 (1), 8/13 (3) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Cow slaughter case – Regular bail -- On secret information on raid petitioner alongwith 3 others was found slaughtering cows -- A freshly slaughtered cow alongwith 1 axe, 1 iron weighing scale and 2 kg. iron weight were recovered -- Without commenting anything on merit of case and also bearing in mind the investigation in the case is complete and the petitioner is in custody since 29.10.2020 and the trial of case has not made any headway, no useful purpose would be served by keeping him behind bars -- Petition allowed.

(Para 2-4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21, 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 -- NDPS case – Proclaimed offender -- Regular bail -- 5 grams of heroin was recovered from plastic pouch from the petitioner -- Bail was granted to the petitioner, but the petitioner absented from the Court on 20.11.2015 and was arrested on 10.03.2021 and was declared as proclaimed person on 01.03.2016 – Maximum sentence that can be imposed in the aforesaid offence is 6 months and petitioner is in custody for the last more than 3 months -- Keeping in view the nature of offence and maximum sentence prescribed in the offence, Court deemed it appropriate to enlarge the petitioner on regular bail without adverting to the merits of the case.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 376, 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Third regular bail application -- Rape case – Prosecutrix turned hostile -- Similarly, her husband also resiled from the statement recorded earlier before the Addl. Sessions Judge -- Petitioner is stated to be the husband of the Bua – Since the parties are closely related and the complainant had not supported her own case, Court is of the opinion that no tangible purpose would be served by keeping the petitioner in further custody since the trial is likely to take some time to conclude.

(Para 2-4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 18, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Recovery of 1 kg of opium -- Petitioner, who is 21 years of age, is not involved in any other case under the NDPS Act and is in custody for almost 06 months -- Challan has been filed but no prosecution witness has been examined as yet -- Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Recovery of 120 injections of buprenorphine (2 ml each) and 120 injections of Avil -- 7 out of 12 prosecution witnesses have been examined -- When the petitioner is in custody for over 03 years, Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 452, 506, 307 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Attempt to murder – Regular bail -- Delay of 02 days in registering the FIR -- Petitioner has given lathi blows on the waist and chest of the injured, who has fully recovered from the injury -- Challan has been filed but charges are yet to be framed – When the petitioner is in custody for over 08 months, he is not involved in any other case, Covid 19 pandemic and the conclusion of the trial is likely to take some time, Court deemed it a fit case to grant the concession of regular bail to the petitioner.

(Para 2-6)

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)

Indian Penal Code, 1860 (45 of 1860), Section 304-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Dowry death – Regular bail -- Co-accused father-in-law and brother-in-law have already been granted bail -- No suicide note left by the deceased – Petitioner/mother-in-law is in custody since 1.3.2021 -- Investigation is complete, challan has been presented -- There are no allegations in the FIR with regard to any physical injury etc being inflicted by the petitioner -- Conclusion of trial is likely to take time; no useful purpose would be served by keeping the petitioner behind bars and more-over considering the age of the petitioner, she is granted bail.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Abetment to suicide -- Regular bail -- Custody of 03 months and 03 days – Challan has already stands presented and the petitioner is the sister-in-law of the deceased – Court find in agreement with the arguments raised by the counsel for the petitioner that any further incarceration of the petitioner is not warranted in the case -- Petition is allowed.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 323, 324, 506, 34 -- (Sections 307 and 302 IPC added later on) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner has been attributed a kassi blow on the left arm of the deceased which even as per the post-mortem report was not the cause of death -- Fatal injury has been attributed to the co-accused – Petitioner has been in custody since 28.08.2019 and two material witnesses i.e., complainant and another eye-witness already stand examined – Court deemed it a fit case for grant of the concession of regular bail to the petitioner as the trial is unlikely to conclude in the near future, more so, in the prevailing conditions due to the outbreak of COVID-19.

(Para 2-6)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 336, 323, 341, 427, 506, 148, 149, 120-B (Section 325 IPC added later on) -- Arms Act, 1959 (54 of 1959), Section 25, 27 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Compromise – Regular bail -- Petitioner has been in custody for the last 03 months and 07 days – No role attributed to the petitioner for causing any injury to the complainant -- Parties have compromised the matter -- Keeping in view the prevailing COVID-19 situation and the fact that trial may still take some time for its conclusion, court feels that there is no need to detain the petitioner any longer -- Petition allowed and petitioner is ordered to be enlarged on bail.

(Para 4, 7)

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)

Indian Penal Code, 1860 (45 of 1860), Sections 379, 411 – Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Theft case – Proclaimed person – Regular bail -- Allegations with regard to dishonest receipt of 50 bags of wheat – Petitioner was earlier granted bail by the trial Court, however, he was confined in jail in some other case and after his release, he could not put appearance in the Court and has been declared proclaimed person – Petitioner is in custody for a period of about 06½ months and he has undergone sufficient incarceration for the lapse on his part in absenting from proceedings -- Furthermore, his coaccused has been convicted and sentenced to undergo imprisonment for a period of 08 months and the conclusion of trial is likely to take some time on account of restricted hearing of the Courts due to Covid-19 Pandemic – Sufficient grounds to extend the concession of bail, he is ordered to be released on bail.

(Para 3-7)

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)

A. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12 – Bail to juvenile -- Grant of bail to a child in conflict with law is a rule and rejection of the same is an exception.

(Para 8)

B. Juvenile Justice (Care and Protection of Children) Act, 2015 (2 of 2016), Section 12, 18(1)(f) – Bail to juvenile -- Respondent-State could neither show nor refer to any material to explain as to how, in case the petitioner is enlarged on bail, would he be exposed to moral, physical or psychological danger or would come in contact of known criminals -- Mere apprehension of the prosecution without there being any material on record would not be sufficient to decline the prayer for grant of bail -- It may also be noticed that in case a juvenile is found guilty and convicted, the maximum period that he can be ordered to spend in a Special Home under Section 18 (1) (f) of the Act is three years -- Petitioner has spent more than one year in incarceration, therefore, no purpose would be served in detaining the petitioner any further – Petitioner is ordered to be released on bail.

(Para 9-11)

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), Section 18, 29 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Alleged recovery from Co-accused and not from the petitioners that too of non-commercial quantity -- Challan already stands presented and the trial is likely to take some time to conclude, as owing to COVID-19 pandemic, only urgent matters are being heard in the trial Courts, no useful purpose would be served in keeping the petitioners behind bars -- Petition allowed.

(Para 4)

Indian Penal Code, 1860 (45 of 1860), Sections 307, 323, 148, 149 (Sections 302, 212, 216 IPC added lateron) -- Arms Act, 1959 (54 of 1959),  Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Petitioner was unarmed, he is not attributed any specific injury, he is in custody for over 3 ½ years, the COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner -- Petition allowed, petitioner ordered to be released on regular bail.

(Para 6, 7)

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)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 20, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS matter -- Regular bail -- Recovery of 1.5 kg of ‘Ganja’ – It is one of the mildest form of the contraband and falls under non-commercial quantity -- Petitioner behind bars since the last more than 4 months, further detention of the petitioner will not serve any useful purpose – Petition accepted and the petitioner is ordered to be released on bail.

(Para 1, 5)

Indian Penal Code, 1860 (45 of 1860), Sections 376(2)(f), 506 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Rape case – Victim resiled -- Petitioner has been behind bars for a substantial period of more than 1 year -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 1, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 365, 366-A, 376, 467, 468, 420, 471 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- POCSO case – Rape and kidnapping – Regular bail -- Detention for more than six months – As per Voter I. Card and statement given by her before the Ld. Chief Judicial Magistrate/Duty Magistrate, her Date of Birth happens to be 07.08.2001 -- She further stated that she had married the petitioner at her own will on 13.10.2020 and wanted to live with him – Prosecutrix is now residing with her parents, it would be fair to assume that the petitioner even if now released on bail would not be in a position to exert any undue influence or administer threat upon her -- Trial is likely to take its own considerable time to complete due to ongoing covid-19 pandemic, the prayer of the petitioner for regular bail is allowed.

(Para 1-3)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22-C, 27-A, 29, 61 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Detention for almost three months – Name of petitioner was involved only from the disclosure statement of another co-accused, from whom no direct recovery was effected – Opposed by contending that Call Details collected to show that they were in contact with each other shortly before the seizure of the contraband – Held, this is not a sufficient ground to detain the petitioner at this stage for an indefinite period -- No direct recovery was effected from his own possession, as also he is not involved in any other case under the NDPS Act – Regular bail allowed.

(Para 1-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Recovery of 22 vials of onerex (cough syrup) and 100 tables of Carisoma from co-accused -- No recovery effected from the petitioner, he is in custody for over 6 months, he is not involved in any other case under the NDPS Act, COVID-19 pandemic and the conclusion of the trial is likely to take some time, Court deem it a fit case to grant the concession of regular bail to the petitioner.

(Para 2,3,6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167 -- NDPS case – Default bail -- FIR was registered on 17.11.2020 and the FSL report has not yet been received -- Petition allowed, petitioner shall be released on interim bail, however order shall remain in operation only till the receipt of FSL report.

(Para 2, 6)