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the Inquiry Officer found during pre-registration inquiry that the obscene videos were prepared by the complainant herself, but after registration of FIR, the Investigating Officer viewed that the videos and photographs were prepared by the husband on his own mobile in connivance with the co-accused.
Supreme Court considered the fact of inordinate delay of 3 years in filing the FIR.
Section 438 was inserted in CrPC as it was seen that the influential persons try to implicate their rivals in false cases for the purpose of disgracing them by detaining them in jail for some time. It is true, such powers are to be exercised in exceptional cases. The prosecution cannot be permitted to be converted into an arena to settle scores.
When there is prima facie satisfaction that there is something more than a mere needle of suspicion against the accused, the Court cannot jeopardise the investigation, more so when the allegations are grave in nature.
The Patna High Court had rejected the petitioner’s anticipatory bail in this matter, while the Supreme Court granted protection to the petitioner against arrest on 16-12-2022.
The Delhi High Court reprimanded the contention of the applicant stating that since the complainant was a lawyer and was, thus, well aware about nuances of writing a complaint and had, therefore, twisted the facts and police had lodged a false complaint against the applicant. It was opined that a person’s profession of being an advocate cannot be held against him.
Delhi High Court noted that the applicant was working at Justdial in December 2016 as a Relationship Manager and was actively involved in supplying data to his co-accused persons and his link with the said co-accused persons.
Allahabad High Court said that keeping cows and calf as pet animals is a common practice in the villages irrespective of caste, creed and religion
The Patna High Court rejected the anticipatory bail plea of an IPS Officer who hired a conman to pose as the as the Chief Justice of the Patna High Court and to make calls to other officers for taking decision in his favour in a corruption case against him.
The Supreme Court observed that the Bombay High Court disregarded the nature and gravity of the alleged offence as well as the the financial stature, position and standing of the accused vis-à-vis the prosecutrix.
The Manipur High Court rejected anticipatory bail to the elected Ward members of the Panchayat who were charged for fraudulently misappropriating huge Government money.
Supreme Court has put a stay on the arrest of VC of Sam Higginbottom University of Agriculture, Technology and Sciences Dr. Rajendra Bihari Lal and Institute’s Director Vinod Bihari Lal in connection with a mass religious conversion case.
Allahabad High Court said that it cannot close its eyes to the fact that the material evidence has been collected regarding mass conversion of persons and this case has taken a far more serious turn where the victims are coming forward to give evidence, thus, in case anticipatory bail is granted, same would hamper process of investigation.
Supreme Court said that there is no reason to deviate from the view taken in the previous decisions of this Court, thus granted anticipatory bail to the accused without imposing any condition as suggested by Additional Solicitor General
Supreme Court in a case pertaining to allegations of cheating and criminal breach of trust, held that the accused is entitled for anticipatory bail, and directed the Investigating Agency to follow the procedure prescribed under CrPC for investigation against the disabled person
by Karan Joseph† and Anish John††
Cite as: 2023 SCC OnLine Blog Exp 16
When a law-abiding citizen is adopting legal procedure and has gone to the Police Station to lodge a report, but his report has not been taken, then, such a person/s deserves to be protected. When prima facie the offences are not attracting the provisions under the Atrocities Act, there was no question of the bar under Section 18 of the Atrocities Act
Supreme Court has ordered that the Rajasthan High Court's impugned order being interlocutory in nature, shall not be treated as precedent for cancellation of bail granted to the petitioner in other cases, and the question of law was kept open to be decided in an appropriate case.
Allahabad High Court: In an anticipatory bail application plea filed by former Union Minister for Home Affairs and spiritual personality