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

(Para 7)

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

(Para 3-7)

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

(Para 2-6)

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

(Para 3-6)

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

(Para 2-8)

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

(Para 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 21 kgs 500 grams of poppy husk from the petitioner and co-accused -- State contends that petitioner is also involved in several other cases under the NDPS Act -- Challan has been filed but no prosecution witness has been examined – Recovery is of non-commercial quantity, petitioner is in custody for over 05 months, 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), Sections 15, 18, 25, 61, 85 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 3.5 kgs. Opium -- 06 out of 13 prosecution witnesses have been examined and the petitioner is convicted in a case under Section 302 IPC -- Petitioner is in custody for over two years and five months, he is not involved in any other case under the NDPS Act, 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 2-9)

Indian Penal Code, 1860 (45 of 1860), Sections 308, 323, 325, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 (2) – Attempt to commit culpable homicide – Cancellation of Regular bail --  In respect of the alleged threats by accused, no complaint has been made to the police -- Court does not find any material on record to show that the concession of bail extended to the accused has been misused -- Prayer for cancellation of bail dismissed by Court of Sessions -- Resultantly, no ground is made out for exercise of jurisdiction u/s 439 (2) Cr.P.C. for cancellation of bail.

(Para 2-5)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 406, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Cheating – Regular bail -- Petitioner joined the investigation and handed over the FDR of Rs.2.50 lacs to the Investigating Officer – I.O. submitted that some amount is yet to be recovered – Held, it is not the job of the Investigating Officer to oppose the prayer for bail on the ground that he is to recover some amount -- Petition allowed and the interim bail granted to the petitioner made absolute.

(Para 2-5)

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

(Para 3-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Unlawful Activities (Prevention) Act, 1967 (37 of 1967), Section 43D(2) – Default bail – Extension of time for challan granted -- Since the Challan was not presented till 05.08.2020, the appellant moved an application on 06.08.2020 u/s 167(2) Cr.P.C. praying for default bail -- Prayer of the prosecuting agency for extension of time to present the Challan was granted vide order dated 07.08.2020, which has, since, attained finality – Appellant was/is not entitled to the relief of default bail.

(Para 14)

Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 307, 324, 506 (Sections 379-B, 201, 34 IPC added and Sections 148, 149 IPC deleted later on) -- Arms Act, 1959 (54 of 1959), Sections 25, 54, 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Attempt to murder – Regular bail -- Knife blow by petitioner on the stomach of injured who has fully recovered from the injury -- Motorcycle of injured recovered from the co-accused – Petitioner is not involved in any other case – Petitioner is in custody for over a year, 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 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 (C), 37 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail --  Commercial quantity -- Recovery of 600 capsules of Tramadol -- Petitioner was driving the motorcycle while the co-accused was pillion riding -- Polythene bag was in the hands of the co-accused from which total 600 capsules of Tramadol with a total weight of 387.6 grams were recovered – Contention that if the recovery is divided between the accused, it will fall below the commercial quantity – Petitioner is in custody for over 9 months, is not involved in any other case under the NDPS Act, 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 2-6)

Pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) Act, 1994 (Act No. 57 of 1994), Sections 4, 5(2), 6(B), 23, 25 – Indian Penal Code, 1860 (45 of 1860), Sections 420, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Pre-natal sex determination case – Regular bail -- Without commenting anything on merits, considering the fact that the petitioners are in custody for the last 04 months and 14 days; the petitioners are not involved in any other case; the custodial interrogation of the petitioners is not required and the conclusion of the trial will take some time due to COVID-19 situation, the petition allowed and the petitioners are directed to be released on bail.

(Para 5)

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)