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Section 482 of Nagarik Suraksha Sanhita, 2023 (‘BNSS’) deleted the guiding factors which the Courts hearing anticipatory bail applications might have taken into account, such as nature and gravity of accusation, criminal antecedents, and the possibility of the accused to flee from justice.
“When procedural law doesn’t preclude the investigating agency from arresting a person in relation to a different offence while he is already under custody in some previous offence, the accused too cannot be precluded of his statutory right to apply for anticipatory bail only on the ground that he is in custody in relation to a different offence.”
The intention to cause disorder or incite people to violence is sine qua non for the offence under Section 153-A1 of the Penal Code, 1860.
“All insults or intimidations to a member of the Scheduled Caste or Scheduled Tribe will not amount to an offence under the Act, 1989 unless such insult or intimidation is on the ground that the victim belongs to Scheduled Caste or Scheduled Tribe.”
The Court was shocked to learn such allegations against the mother of the child and deemed appropriate to direct the High Court Legal Services Authority to appoint an advocate from their panel to represent the victim.
The Court opined that given the serious nature of allegations, petitioner(s) did not deserve the privilege of pre-arrest bail.
“Investigating agencies should be very cautious while seeking their custodial interrogation. Women by their very nature deserve preferential treatment inter alia in matters relating to bail, regular or anticipatory”.
The Court stated that when considering the material produced, it appears improbable that the accused persons’ visit to the police station was solely to fabricate evidence.
The Court observed that spurious liquor can cause devastating trauma and huge tragedy. It affects the poor people who go for a cheaper alternative of liquor, as usually instead of ethyl alcohol such liquor contains methyl alcohol which is lethal in nature.
The Court opined that people in responsible positions, who, for their small monetary gains misuse such sensitive positions, not only betray the trust the system had reposed in them, but also fail the society by making their conduct highly unethical, immoral.
Shariat law permits Muslim to contract more than one marriage, but it must be borne in mind that merely because an act was lawful, it did not per se become justifiable in married life. Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to the first wife.
Umar Ansari was alleged of threatening the Administration, during the 2022 Uttar Pradesh Assembly Polls, violating the Code of Conduct, which is punishable under Section 171-F and 506 of the IPC.
During the analysis on National Cyber Reporting Portal, ten complaints are found, in which innocent people are cheated by the same accused persons through the same modus operandi.
Madras High Court remarked that Tirunelveli is a communal prone area. It is only for the past few years; the city has been without any communal violences. During the ensuing parliamentary elections, any small spark may lead to a catastrophe.
The High Court granted anticipatory bail to noted hockey player Varun Kumar stating that he cannot be termed as influential person merely because he is an award-winning National Hockey Player.
“Another reason which points towards the petitioner’s misconduct is that he was aware of the pendency of the writ petitions and other civil proceedings and quietly ignored all such while issuance of provisional allotment.”
“Petitioner submitted that, he is aged about fifty-eight years and has undergone several surgeries including a stunt to his heart.”
“Applicants herein have joined investigation, as and when directed by the IO and there are no allegations of tampering with evidence or threatening any person associated with the case.”
Supreme Court found the appellant’s contention as unsustainable because they did not appear before the Court on issuance of bailable warrants but moved applications for bail.
The case of the prosecution that tele-callers were impersonating themselves as employees of Amazon and receiving calls from customers, who were facing problems related to Amazon Prime Videos and other services provided by Amazon.