Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 34 -- Bail - Murder - Accused in custody since 1.11.2022 - Charge framed in the year 2024 - Not a single witness examined till date - If right of speedy trial is infringed then howsoever serious the crime may be, Court may consider the plea for bail appropriately - Bail granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201, 306 -- Anticipatory bail - Second petition - Maintainability - Earlier anticipatory bail petition was dismissed on 06.04.2026 and the subsequent petition filed on 16.04.2026 disclosing no change in circumstances, much less..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 29 -- Contraband - Bail in case involving commercial quantity recovered from co-accused - Applicability of rigour of S.37 of the Act - Petitioner was not found in possession and the case against him rests only on co-accused disclosures and call logs - Test of reasonable grounds to deny bail u/s 37 not..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 67, 37 -- Contraband - Bail - Statements of co-accused u/s 67 and mere WhatsApp chats or phone call logs without voice recordings or transcripts are insufficient to establish a nexus with drug trafficking and do not satisfy the reasonable-grounds test u/s 37 of the Act - Call logs alone cannot prove a criminal..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Contraband - Bail granted subject to the conditions of furnishing bail bonds of Rs.50,000 with surety in the like amount, surrender of passport, not leaving the country, providing and keeping active a mobile number, daily sharing of Google pin location with the SHO, and non-interference with evidence and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 480(1)(i), 481(1)(i), 483, Bharatiya Nyaya Sanhita, 2023, Section 105 -- Bail in non-bailable offence punishable with life imprisonment - Magistrate cannot release an accused on bail when one of the offences alleged is u/s 105 BNS that prescribes imprisonment for life unless reasons are recorded u/s 481(1)(i) BNSS or the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 35(1), 35(3) -- Notice of appearance before police officer - Scope - S.35(3) BNSS notice is confined to cognizable offences punishable with imprisonment less than seven years or which may extend to seven years and does not apply to offences punishable with life imprisonment - Police officer and SDJM erred in invoking..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail by High Court - Grant of - Considering the nature and gravity of accusations, subsequent death of victim, completion of investigation and submission of charge sheet, petitioners are admitted to bail without expressing any view on merits on conditions of furnishing bond of Rs 25,000 each with one solvent surety..........
