Criminal Procedure Code, 1973, Section 438 -- (Bhartiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - High Court granted anticipatory bail to respondent No.2 on the ground of parity with accused `V' - There is no question of parity between accused `V' and respondent No.2 as former was granted regular bail, unlike anticipatory bail as granted to respondent..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20, 23, 29 -- Bail - Contraband - Duration of custody is not standalone reason to grant bail when the very act of granting could undermine larger fight against drug trafficking - There is significant risk that petitioner could flee or attempt to influence..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Single Judge after having passed an order dismissing the prayer for anticipatory bail, could not have revived proceedings much less by way of restoration...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application for anticipatory bail is maintainable in High Court and party is at liberty to choose forum...........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - Where owner of establishment itself is alleged to have committed serious offence including rape and there are..........
Bharatiya Nyaya Sanhita, 2023, Section 64, 74, 75, 79, 354(2), 3(5), Information Technology Act, 2000, Section 67A, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/Ss. 64, 74, 75, 79, 354(2), 3(5) BNS and S.67A IT Act - Anticipatory Bail - No specific allegations of sexual or abuse made against petitioners 2 to 4 apart from threats to implicate..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Concurrent jurisdiction is conferred upon Sessions Court and High Court to entertain prayer for pre-arrest bail - However, hierarchy of Courts demands that no person seeking such remedy should be encouraged or allowed to directly approach High Court for exercising jurisdiction u/s 482 BNSS..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Petitioner had not willfully absented himself to hamper the trial - Rather, instead of cancelling bail on account of his non-appearance, Court ought to have exempted his personal appearance with a direction to appear on the next date when case was adjourned for..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 528, 483(3) -- Quashing of order of cancellation of bail - Mere fact that petitioner had sought exemption on three dates out of six dates of hearing, it cannot be inferred that he had willfully absented himself or was hampering the trial - Bail could have been cancelled only after recording a satisfaction that petitioner..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483(3) -- Cancellation of bail - Presence of informant or any person authorized by him is obligatory at the time of hearing of bail application in sexual offences involving rape of minors as per S.483(2) BNSS...........
