Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 325, 452 and 307 – Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 82, 439 – Attempt to murder – Regular bail -- Proclaimed offender -- Petitioner was summoned u/s 319 Cr.P.C -- Alleged co-accused had been acquitted -- Although, the petitioner was granted bail by the learned trial Court during the trial but due to his absence for a period of 1½ months was declared as proclaimed offender -- Petitioner himself surrendered and join the proceedings -- Considering the totality of circumstances petition allowed -- Petitioner admitted to bail.

(Para 9,10)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- NDPS case -- Recovery of 950 intoxicating tablets -- Commercial quantity – Regular bail -- Over a period of nearly two years, only five witnesses have been examined by prosecution -- Apart from it, there is no other NDPS case against the petitioner or under any other penal laws -- Petitioner is in judicial custody since 09.12.2018 and his further detention may not be necessary for any useful purpose – Petition allowed and petitioner ordered to be released on regular bail.

(Para 2, 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 201, 34 – Murder case – Regular bail -- No post-mortem examination was conducted on the body of the deceased -- Co-accused has allegedly made extra judicial confession that he along with the petitioner who is wife of the deceased and co-other accused committed murder and hanged his dead body but he partly resiled by stating in his statement u/s 164 of the Cr.P.C. that deceased was already dead before he reached his house -- Case involves debatable questions as to admissibility and evidentiary value of said confessional statement of co-accused against the petitioner -- Apart from the above said confessional statement prima facie there is no other cogent incriminating evidence as to cause of death of the deceased and involvement of the petitioner in the crime – Similarly placed co-accused has already been granted regular bail -- Trial is likely to take long time due to restrictions imposed to prevent the spread of Covid-19 and also that further detention of the petitioner in custody not being punitive will not serve any useful purpose, but without commenting on the merits of the case, Court extended the concession of regular bail to the petitioner.

(Para 1,9,10)

Indian Penal Code, 1860 (45 of 1860), Section 302, 201, 120-B, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Incriminating role of the petitioner as disclosed in the supplementary statement of complainant after about 8 days of the death of the deceased is basically that she had conspired and connived with the co-accused and is not stated to have herself murdered the deceased -- Petitioner is a lady, who has been behind bars since the last about 11 months and conclusion of trial is likely to take time as none of the cited 28 PWs has been examined -- Further detention of the petitioner will not serve any useful purpose -- Petition accepted, petitioner is ordered to be released on regular bail.

(Para 7,8)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Commercial quantity – Regular bail -- Bail opposed on the ground that the recovered quantity of Salt as well as the tablets fall in commercial quantity -- Only 5 witnesses have been examined so far out of total 15 witnesses – Court found that the investigation of the case is complete, but the trial is progressing at a slow pace -- Outbreak of global pandemic COVID-19 may further delay the conclusion of trial -- Petitioner in judicial custody 29.7.2018 and his further detention may not be necessary for any useful purpose -- Without meaning any expression of opinion on the merits of the case, petitioner ordered to be released on regular bail.

(Para 4-6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 302, 342, 364, 148, 149 – Murder case – Regular bail -- Contention that FIR on the statement of the injured/ deceased was recorded after 04 days of alleged occurrence -- As per the medico-legal examination most of the injuries were opined to be simple in nature while other injuries sustained by the injured were kept under observation -- It was a case of medico-legal injuries with acute renal failure -- Hence, his death could not be linked with the occurrence in question, much less, to the injuries allegedly sustained by him in the occurrence in question -- Only 02 out of the 16 prosecution witnesses cited so far have been examined till date – Petitioner has been in custody since 23.10.2018 and the trial is unlikely to conclude in the near future more so in the wake of outbreak of pandemic Covid-19 -- Petition allowed and the petitioner admitted to bail.

(Para 1-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 18 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – NDPS case – Regular bail -- Recovery of non-commercial quantity -- Petitioner is not involved in any other case -- Investigation has been completed and challan presented, completion of trial will take some time -- Petitioner has made out a case for the grant of benefit of regular bail as keeping him behind the bars will serve no purpose, especially, when petitioner undertakes that he will maintain good conduct while on bail -- Without commenting upon the merits of the case, direction given to release the petitioner on regular bail.

(Para 7, 8)

Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Indian Penal Code, 1860 (45 of 1860), Section 376, 342, 506, 120-B – Section 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Rape with minor – Regular bail -- Contention that FIR was registered due to misunderstanding and settlement has been arrived at -- As per the medico legal report, the prosecutrix did not suffer any internal or external injury – AAG, has informed the Court that on the vaginal swabs also, no semen was detected -- Petitioner is in detention since 19.07.2020, on completion of the investigation, the challan has already been presented -- Without commenting on the merits of the case and keeping in view the aforesaid facts, direction given to release the petitioner on bail.

(Para 1-6)

Punjab Excise Act, 1914 (Punjab Act 1 of 1914), Sections 61, 78(2) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- 90 boxes of country made liquor/total 1080 bottles for sale in Haryana only, were recovered from boot of white coloured Duster which was driven by co-accused and the petitioner was sitting on the conductor seat -- Petitioner in judicial custody since 07.09.2020 -- Investigation of the case is complete and the final report stands filed -- Considering the above background, custody of the petitioner and the fact that the offences are triable by Magistrate, Court found that the petitioner deserves the concession of regular bail -- Outbreak of pandemic COVID-19 in the region may further delay the conclusion of trial -- Petitioner ordered to be released on regular bail.

(Para 2-6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36-A -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) – NDPS case – Default bail -- Recovery of 1300 tablets of Alprozolam and 1000 tablets of Tramadol Hydrochloride -- Incomplete challan was presented in the Court -- No request was submitted to the said Court by the Investigating Agency seeking extension of time for the purpose of investigation of the case -- On the expiry of a period of 180 days, the accused has invoked the jurisdiction of the Court seeking default bail – Subsequent presentation of the report of FSL will not extinguish the right of the petitioner to seek a default bail -- Petitioner held entitled to the benefit of default bail.

(Para 14-16)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 307, 120-B, 148, 149, 506 -- Prisons Act, 1894 (9 of 1894), Section 52 – Attempt to murder – Regular bail -- Petitioner has been attributed only a simple injury on one person, in what was possibly a “free for all” fight in the jail -- Consequently, petition allowed.

(Para 3,4)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Indian Penal Code, 1860 (45 of 1860), Sections 148, 149, 323, 308, 325, 506 – Grievous hurt -- Regular bail -- As far as petitioners are concerned, no specific role has been attributed to them -- As per allegations in FIR, specific injuries have been attributed to other accused -- Only one injury suffered was fracture on arm attracts Section 325 IPC -- Considering that petitioners are in custody since 18.9.2020, no useful purpose will be served by detaining petitioners behind bars till the conclusion of trial -- Petition allowed, petitioners ordered to be released on bail.

(Para 4,5)

A. Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Anticipatory bail -- Agreement to sell – Criminal breach of trust -- Dispute has traits of a civil dispute -- Complainant cannot allege cheating or criminal breach of trust against petitioner on the basis of agreement to sell entered where the petitioner was never a party to said agreement -- In receipt, it was specifically mentioned that registry will be done after vacation of stay -- Petition allowed.

(Para 6-8)

B. Indian Penal Code, 1860 (45 of 1860), Section 406, 420 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Civil Dispute – Registration of FIR – Misuse of criminal process -- Held, there is prevailing tendency to paint civil disputes as criminal acts for applying pressure to settle the issue -- Alternative route adopted is considered to be a short cut to the civil litigation -- Number of cases involving pure and simple money recovery, specific performance issues or such like matters, FIRs are being registered by the police authorities -- In order to avoid harassment in the matters involving civil disputes, it is need of the hour that the police department at the appropriate level, looks into the process of registering FIR, especially in matters having tone of civil dispute -- It is expected that the matter would be looked into and necessary steps would be taken.

(Para 10, 11)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 376 – Rape case – Regular bail -- Report of SIT that the police had collected call detail records of the accused and had found that the petitioner was present near Mansa Devi Mandir at the time of the alleged occurrence of 10.4.2018 where he had also got petrol filled up while using his credit card -- It was further found that even as on 24.6.2018 i.e. the second incident of alleged rape, the petitioner was present at different shops as per the call detail records, tower location and as per the purchases made by him at different shops -- SIT also could not find any substance in the allegations of the alleged abortion of the victim – Petitioner has been behind bars since the last more than 3 months, further detention of the petitioner will not serve any useful purpose – Petition accepted, the petitioner is ordered to be released on bail.

(Para 1,6)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 15 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case -- 193 kg of Poppy husk recovered – Regular bail -- Conscious possession -- Petitioner was not found at the spot from where the ‘Poppy Husk’ in question was recovered and even the premises in question do not belong to the petitioner, it will be debatable as to whether the petitioner can be attributed conscious possession of the contraband so recovered -- Petition, as such  accepted and the petitioner ordered to be released on regular bail.

(Para 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 420, 489-A, 489-B, 34 -- Fake currency case -- Regular bail -- Petitioner was found in possession of fake currency to the tune of Rs.7000/- -- Investigation is complete and challan already stands filed – Petitioner is behind bars since the last more than 2 ½ months, further detention of the petitioner will not serve any useful purpose -- Petition, as such, accepted and the petitioner ordered to be released on regular bail.

(Para 3)

Indian Penal Code, 1860 (45 of 1860), Section 302/34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Submission that it is a case of blind murder where no one had actually witnessed the murder – ‘V’ is now sought to be projected as an eye witness -- Neither the complainant nor complainant’s son in their statements recorded u/s 161 Cr.P.C. have made any reference to the aforesaid ‘V’ or have stated regarding any other person having witnessed the murder – ‘V’ is yet to be examined – Held, petitioner is a lady and had been behind bars since the last about 11 months and is not involved in any other case, further detention will not serve any useful purpose -- Petition accepted and the petitioner is ordered to be released on regular bail.

(Para 6)

Indian Penal Code, 1860 (45 of 1860), Section 363, 366-A, 376 – Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 3, 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Crime against child – Rape case – Regular bail -- Girl in question is presently residing at the house of the petitioner coupled with her duly sworn affidavit and which could not be displaced by the State -- Thus, a debatable issue arises over the applicability of offences u/s 363, 366-A, 376 IPC and Sections 3, 4 of POCSO Act -- Accordingly, the petitioner ordered to be released on regular bail.

(Para 7)

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 – Regular bail – Non-compliance of Section 50 -- Offer of search through Gazetted Officer of Police Department -- It would be debatable as to whether the provisions of Section 50 of NDPS Act had been complied with in its true letter & spirit especially when the offer extended appears to be given in restricted manner – In any case, the petitioner has been behind bars since last 1 year -- Petitioner ordered to be released on regular bail.

(Para 6)

Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Indian Penal Code, 1860 (45 of 1860), Sections 406, 420, 120-B – Criminal breach of trust and cheating -- Anticipatory bail -- Submission that the petitioner is not in possession of the JCB machine, as there was an agreement between N and the complainant and the said JCB machine has been handed over to N, petitioner has given his specimen signatures for verification to the Investigating Officer for comparison with the signatures on the said agreement -- In view of the fact that the petitioner has joined the investigation, order granting interim bail to the petitioner made absolute – Petition allowed.

(Para 1-5)

Indian Penal Code, 1860 (45 of 1860), Section 346/34, 302, 364, 201, 411, 404, 120-B -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Murder case – Regular bail -- Contention that dead-body, over which, the Post Mortem was conducted, was not actually identified by anyone, including the complainant -- Charges were framed in the Ld. Trial Court as far back on 17.01.2020, thereafter, the prosecution evidence could not commence, on account of onset of Covid-19 pandemic, although as many as 34 witnesses have been cited in the challan -- Trial is unlikely to conclude in a reasonable short period of time due to prevailing Pandemic – In view of the detention undergone by the petitioner, the prayer of the petitioner for regular bail allowed and he is ordered to be released on bail.

(Para 3-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 8, 18, 29, 37 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Commercial quantity – Regular bail -- Petitioner, is in custody for 1 year and 2 months – Section 37 of the NDPS Act bars grant of bail to an accused, who has committed the offence u/s 19, 24, 27-A and to accused from whom recovery of commercial quantity of the contraband is effected -- Petitioner has been indicted on the basis of the statement of co-accused in custody and not arrested on the spot -- No recovery from the petitioner, except empty plastic pouches and zippers – Petitioner is first offender and aged person -- Whether or not the petitioner had conspired and was the ultimate beneficiary/receiver of the contraband is to be established on the basis of evidence led during the trial -- Charges are yet to be framed -- Trial will take time to conclude, especially due to prevailing situation of Covid-19 -- Thus, no useful purpose would be served by keeping the petitioner behind the bars -- Petition allowed and the petitioner is ordered to be released on regular bail.

(Para 9-13)

Indian Penal Code, 1860 (45 of 1860), Sections 302, 307, 336, 148, 149 -- Arms Act, 1959 (54 of 1959), Sections 25, 27, 54 and 59 – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 – Murder case – Raising lalkara -- Regular bail -- Keeping in view the facts and circumstances of the case, nature of accusation, role attributed to the petitioner who is alleged to have merely raised lalkara and is not alleged to have caused any injury to the deceased or his sons and no other overt-act is attributed to him and the fact that the trial is likely to take long time due to restrictions imposed to prevent the spread of Covid-19 – Concession of regular bail extended.

(Para 9)

Indian Penal Code, 1860 (45 of 1860), Section 304 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Culpable homicide not amounting to murder – Anticipatory bail -- Petitioner is alleged to have hurled a brick bat at the deceased -- Husband of the petitioner was alleged to have caused a blow with a sword on the nose of the deceased and had also pushed him from the roof -- Husband of the petitioner committed suicide while in custody -- Petitioner is a widow with two minor children and she has joined investigation, the order granting interim bail to her is made absolute.

(Para 8,9)

Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Indian Penal Code, 1860 (45 of 1860), Section 376-D, 377 – Gang rape case -- Suspension of sentence -- Conviction for 20 years – Applicant has already undergone more than 5 years and 4 months of his actual sentence -- There are many debatable points in the appeal and the appeal is not likely to be heard in near future keeping in view the prevailing pandemic situation -- Appeal is already admitted, application allowed and remaining sentence of applicant suspended during pendency of the appeal.

(Para 8)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A and 376 -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Section 4 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 389 -- Conviction for 12 years in FIR u/s 363, 366-A and 376 of IPC and Section 4 of the POSCO Act – Suspension of sentence during the pendency of appeal -- 3 year 10 months sentence undergone – No date or time about the incident given by the victim -- Prosecutrix was got recovered by the police after a period of more than 5 months -- Specific stand of the applicant-appellant that there were friendly relations between them -- Victim has deposed that she was kept in a rented room for about five months -- Thus, she has every opportunity to escape from the custody of the applicant during the said period -- No specific proof of age of the victim -- Many debatable points in the appeal, which is not likely to be heard in near future keeping in view the prevailing pandemic situation -- Application allowed and further sentence of applicant-appellant suspended during pendency of the appeal.

(Para 6, 7)

Indian Penal Code, 1860 (45 of 1860), Section 376(2)(n) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Rape case – Anticipatory bail -- Petitioner and the complainant resided together for a period of 8 months with the knowledge of their parents – Further submission that both had decided to marry, yet on account of some temperamental differences, the marriage could not be solemnized, consensual relationship and the same cannot be said to attract the offence u/s 376(2)(n) of IPC and backtracking from the promise of marriage would at the most be an act of promiscuity. Pramod Suryabhan Pawar’s case (2019) 9 SCC 608 relied – Interim protection given directing the petitioner to join the investigation -- Petitioner joined the investigation and is now not required for any further investigation -- Petition allowed and the order granting interim bail to the petitioner made absolute.

(Para 3-6)

Indian Penal Code, 1860 (45 of 1860), Sections 420, 465, 467, 468, 471 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Cheating and forgery – Anticipatory bail -- Contention of complainant that the specific role has been attributed to the petitioner, is a matter to be appreciated during the course of trial -- Considering the fact that the petitioner has joined investigation and his custodial interrogation is no more required, petition allowed and the interim order made absolute.

(Para 2,7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22(b) -- NDPS case – Interim bail awaiting FSL report -- Petitioner in judicial custody since 10.06.2020 -- Petitioner restricted his prayer to the extent that the petitioner may be released on interim bail till the report of FSL is received – Division Bench of High Court in case of 'Inderjeet Singh @ Laddi's case 2014(3) RCR (Criminal) 953 has held that the accused-petitioner can be granted interim bail till the report of FSL is received -- Accordingly, the petitioner ordered to be released on interim bail till receipt of the FSL report.

(Para 7, 11,12)

Indian Penal Code, 1860 (45 of 1860), Section 306 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Abetment to suicide – Anticipatory bail -- Not disputed that except the hearsay statement of the complainant, he has not been able to provide any other material/evidence to connect the petitioners to the act of suicide by the deceased --  Factum of petitioners having a fight with the deceased, cannot, prima facie, be taken as abetment to the deceased to commit suicide -- Except the ligature mark qua hanging, there are no other injuries found on the body of the deceased – Petitioners are granted concession of anticipatory bail.

(Para 5, 6)

Indian Penal Code, 1860 (45 of 1860), Sections 363, 366-A -- Protection of Children from Sexual Offences Act, 2012 (32 of 2012), Sections 6, 12 -- Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (33 of 1989), Section 3 – Code of Criminal Procedure, 1973 (2 of 1974), Section 164, 438 -- POCSO case -- Regular bail -- Prosecutrix has refused to go through the medical examination -- In her statement u/s 164 Cr.P.C. she denied of any allegation of physical relation -- Petition for regular bail allowed.

(Para 1-3)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 22, 25, 61, 85 29  -- Arms Act, 1959 (54 of 1959), Section 25 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- State submitted that number of cases are pending against the petitioner – Held, recovery in the present case was only 50 grams of intoxicant powder (heroin), which is stated to be non-commercial -- Petitioner is in custody for the last one year – Petition for regular bail allowed.

(Para 1-4)

Indian Penal Code, 1860 (45 of 1860), Section 306 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Abetment to suicide -- Anticipatory bail -- Petitioner has joined the investigation and recovery has been effected -- Affidavit of the complainant has also been filed recalling the earlier allegations – Petition allowed.

(Para 3-5)

Indian Penal Code, 1860 (45 of 1860), Sections 365, 392, 395, 506, 148, 149 IPC – Arms Act, 1959 (54 of 1959), Section 25 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Dacoity case – Anticipatory bail -- Petitioner was granted interim bail and joined the Investigation -- Complainant had also filed an affidavit that the petitioner was not involved – Petition allowed – Interim bail order made absolute.

(Para 1-3)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Section 304 – Regular bail – Parity with co-accused -- Another co-accused was granted bail – State has failed to draw the attention of the Court to any distinguishing features except that the petitioner is involved in 7 more cases, out of which 3 are under NDPS Act, 1985 – Held, present case is required to be decided on the basis of the evidence produced by the prosecution -- A coordinate Bench has already considered the aforesaid facts, while granting the concession of bail -- Petitioner also ordered to be released on regular bail.

(Para 6-8)

Indian Penal Code, 1860 (45 of 1860), Section 420 -- Punjab Prevention of Human Smuggling Act, 2012 (Punjab Act 2 of 2013), Section  13 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Second bail application for anticipatory bail -- Petitioner alleged to have received a sum of Rs.9 lacs, in order to help the first informant’s son to immigrate to Canada -- First informant and the petitioner have settled the matter not disputed by first informant – Arrest of the petitioner stayed subject to the petitioner joining investigation as and when called upon to do so by the Investigating Officer -- Petitioner shall be bound by the conditions as envisaged under 438 Cr.P.C.

(Para 3-7)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 --  Indian Penal Code, 1860 (45 of 1860), Section 304-B – Dowry death case – Regular bail of parents-in-law -- Petitioners in custody since 25.03.2020, investigation is complete as the challan has already been presented – Husband of the deceased is still in custody and the petitioners herein are willing to give an undertaking that they will look after the minor girls, who are currently residing with their daughters -- In order to ensure the welfare and wellbeing of the minor girls, it was directed that the petitioners will file an undertaking before the trial court that they will take care of their wellbeing, education and day-to-day needs etc. and they will furnish FDRs in the name of the minor girls of Rs. 5 lacs each, which will not be encashed till the minor girls attain the majority -- Petition allowed, petitioners directed to be released on regular bail.

(Para 2-5)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail -- Recovery of 500 grams of Heroin -- Petitioner in custody for 01 year, 09 months and 20 days – Two more cases registered against him, but petitioner is on bail – As against total 10 witnesses only 01 witness has been examined -- Trial is not likely to be concluded in the near future -- Court deemed it appropriate to admit the petitioner on bail.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 304-B, 34 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 319, 439 – Dowry death case – Regular bail -- Petitioner/ husband in custody for about two years -- As against total 21 witnesses only 01 witness has been examined so far -- Moreover, the prosecution has moved an application u/s 319 Cr.P.C., so as to summon sister-in-law and brother-in-law of the deceased -- In this manner, trial is not likely to be concluded in the near future as the application filed u/s 319 Cr.P.C., is pending consideration before the trial court – Court deemed it appropriate to admit the petitioner on bail.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 34, 452, 307, 323, 324, 120-B – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail -- Petitioner alongwith some other persons had attacked son of the complainant and the role attributed to the petitioner was datar blow on the left thumb of the victim -- Interim protection was granted to the petitioner and joined investigation and has co-operated with the investigation process and the recovery has already been made – He is no longer required for custodial investigation -- Petition allowed.

(Para 1-4)

Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 22, 29 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- NDPS case – Regular bail – Parity with similarly situated co-accused – Right of -- Once, a similarly situated co-accused has already been granted the bail, the same could not be denied to the petitioner unless and until any differentiating fact is pointed out -- No differentiating fact has been pointed out between the petitioner and co-accused -- Hence, the petitioner has been able to make out a case for the grant of bail on the ground of parity with co-accused – Without commenting upon the merits of the case, petitioner ordered to be released on regular bail

(Para 13,14)

Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Indian Penal Code, 1860 (45 of 1860), Sections 377, 388, 389, 109, 115, 116, 120-B – Unnatural offence – Co-accused granted bail – Right of similarly situated co-accused -- Same benefit cannot be declined to the petitioner unless and until certain differentiating facts are brought to the notice between the petitioner and the said co-accused -- As no differentiating fact has been brought to the notice, therefore the petitioner has made out a case for the grant of regular bail – Petitioner ordered to be released on regular bail.

(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 -- NDPS case – Regular bail – 1500 intoxicating tablets recovered – Keeping in view that the petitioner is a licensed chemist, entitled to the possession of such tablets and was apprehended while travelling, therefore, his culpability is subject to evidence at the trial -- Petitioner is behind the bars for more than one year, it would be travesty of justice to keep him in custody for more time -- Efforts are being made by the authorities to decongest the jails to prevent the further spread of malady (Covid-19), petitioner is ordered to be released on regular bail.

(Para 4, 5)

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 7600 intoxicating tablets -- Recovery already stands effected -- Petitioners are in custody since 25.08.2019 -- FIR is based on secret information, thus, culpability, conscious possession of which accused if any, would be determined at the time of trial -- Since, the petitioners are behind the bars for more than one year and in view of present COVID-19 pandemic and the efforts of the authorities in decongesting the jail which are busting the seams and the ratios cited for parity, Court deems it fit to allow the regular bail to the petitioners.

(Para 7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167 (2) – Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A (4) -- Default bail – Compulsive bail – In common legal parlance, the right to bail under the Proviso to Section 167(2) is commonly referred to as ‘default bail’ or ‘compulsive bail’ as it is granted on account of the default of the investigating agency in not completing the investigation within the prescribed time, irrespective of the merits of the case. Held,

-- Once the accused files an application for bail u/s 167(2) he is deemed to have ‘availed of’ or enforced his right to be released on default bail, accruing after expiry of the stipulated time limit for investigation. Thus, if the accused applies for bail under Section 167(2), CrPC read with Section 36A (4), NDPS Act upon expiry of 180 days or the extended period, as the case may be, the Court must release him on bail forthwith without any unnecessary delay after getting necessary information from the public prosecutor, as mentioned supra. Such prompt action will restrict the prosecution from frustrating the legislative mandate to release the accused on bail in case of default by the investigative agency.

-- The right to be released on default bail continues to remain enforceable if the accused has applied for such bail, notwithstanding pendency of the bail application; or subsequent filing of the chargesheet or a report seeking extension of time by the prosecution before the Court; or filing of the chargesheet during the interregnum when challenge to the rejection of the bail application is pending before a higher Court.

-- However, where the accused fails to apply for default bail when the right accrues to him, and subsequently a chargesheet, additional complaint or a report seeking extension of time is preferred before the Magistrate, the right to default bail would be extinguished. The Magistrate would be at liberty to take cognizance of the case or grant further time for completion of the investigation, as the case may be, though the accused may still be released on bail under other provisions of the CrPC.

-- Notwithstanding the order of default bail passed by the Court, by virtue of Explanation I to Section 167(2), the actual release of the accused from custody is contingent on the directions passed by the competent Court granting bail. If the accused fails to furnish bail and/or comply with the terms and conditions of the bail order within the time stipulated by the Court, his continued detention in custody is valid.

(Para 6, 18)

B. Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 36A (4) -- Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- NDPS case -- Appellant was remanded to judicial custody on 04.08.2018, hence the mandatory period of 180 days prescribed for filing of final report u/s 167(2), CrPC (excluding the date of remand) was completed on 31.01.2019 – Appellant-accused had exercised his option to obtain bail by filing the application at 10:30 a.m. on the 181st day of his arrest, i.e., immediately after the court opened, on 01.02.2019 -- Public Prosecutor had not filed any application seeking extension of time to investigate into the crime prior to 31.01.2019 or prior to 10:30 a.m. on 01.02.2019 -- Public Prosecutor participated in the arguments on the bail application till 4:25 p.m. on the day it was filed -- It was only thereafter that the additional complaint came to be lodged against the Appellant – Held, appellant-accused was deemed to have availed of his indefeasible right to bail, the moment he filed an application for being released on bail and offered to abide by the terms and conditions of the bail order, i.e. at 10:30 a.m. on 01.02.2019 – Petitioner was held entitled to be released on bail notwithstanding the subsequent filing of an additional complaint.

(Para 3.3, 3.4, 17-19)

Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Section 21, 22, 25, 29, 61 -- NDPS case -- Interim bail for marriage of younger sister – Petitioner is the only male member in the family -- No doubt, the petitioner is found involved in recovery of huge quantity of contraband, but noticing the fact that there are certain customary rites/rituals which can only be performed by a brother in the marriage of his real sister, Court deems it appropriate to grant interim bail to the petitioner for a period of one week from the date of his release.

(Para 12, 13)

Indian Penal Code, 1860 (45 of 1860), 323, 325, 341, 452, 458, 459, 506, 148, 149 – Code of Criminal Procedure, 1973 (2 of 1974), Section 438 – Anticipatory bail -- Injuries are attributed to the other accused -- Concession of anticipatory bail granted to the petitioners for the reason that they are ladies and they have not been attributed any injury on the vital part of the two victims – Petition allowed.

(Para 7)

Indian Penal Code, 1860 (45 of 1860), Section 420, 467, 468, 471, 120-B -- Prevention of Corruption Act, 1988 (49 of 1988), Section 13(1)D, 13(2) – Code of Criminal Procedure, 1973 (2 of 1974), Section 439 -- Regular bail -- Challan presented and even the FIR was registered after holding a preliminary enquiry -- Petitioner is already a retired employee and hence, cannot temper with any record, which is already in the possession of the police -- No useful purpose will be served in keeping the petitioner behind the bars any further as the trial is likely to take some time -- Petitioner has made out a case for the grant of benefit of regular bail -- Petitioner ordered to be released on regular bail.

(Para 2-7)

A. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2), 437 -- Default bail – Condition to deposit Rs.8,00,000/- – Permissibility of – Held, only requirement for getting the default bail/statutory bail u/s 167(2), Cr.P.C. is that the accused is in jail for more than 60 or 90 days, as the case may be -- And within 60 or 90 days, as the case may be, the investigation is not completed and no chargesheet is filed by 60th or 90th day and the accused applies for default bail and is prepared to furnish bail -- Imposing such condition while releasing the accused on default bail/statutory bail would frustrate the very object and purpose of default bail under Section 167(2), Cr.P.C. -- Condition imposed by the High Court is unsustainable and deserves to be quashed and set aside – Condition quashed and set aside.

(Para 9-11)

B. Code of Criminal Procedure, 1973 (2 of 1974), Section 167(2) -- Default bail -- Condition directing the appellant to report before the concerned police station daily at 10:00 a.m., until further orders, for interrogation is concerned is unsustainable, as it is too harsh -- Instead, condition which can be imposed is directing the appellant to cooperate with the investigating officer in completing the investigation and to remain present before the concerned police station for investigation/interrogation as and when called for, and on breach the investigating officer can approach the concerned court for cancellation of the bail – Condition modified by Supreme Court.

(Para 10)

Indian Penal Code, 1860 (45 of 1860), Section 307, 34 – Arms Act, 1959 (54 of 1959), Section 25, 54, 59 -- Code of Criminal Procedure, 1973 (2 of 1974), Section 438 -- Attempt to murder – Anticipatory bail – Names of the petitioner(s) does not find mentioned in the FIR and their names have been mentioned in supplement statement, it is a case of no injury and firing of two gun shots have not been attributed to the petitioner(s) – Interim bail granted with a direction to join the investigation -- Factual position not disputed, though petitioners have joined the investigation but the weapon has not been recovered -- Sufficient exceptional circumstances are made out to extend the concession of pre-arrest bail to the petitioners – Interim bail order is made absolute.

(Para 1-4)