Topic
Rajasthan High Court grants bail under Sections 103(1), 3(5), and 105 of BNS, holding that absence of premeditation in a sudden quarrel and a post-mortem report failing to corroborate the cause of death warrant release. The ruling underscores that prolonged pre-trial detention is unjustified when prosecution evidence is inconclusive.
Allahabad High Court ruled that allegations of rape under false promise of marriage cannot stand if the victim was already married at the time of the alleged incident. The court granted bail, emphasizing the absence of a prima facie case under Section 69 of the Bharatiya Nyaya Sanhita (BNS), 2023, where the victim’s marital status negates the claim of deception.
Madhya Pradesh High Court clarifies that anticipatory bail under Section 482 of BNSS is unavailable for bailable offences, reinforcing that police must accept bail bonds without arrest. The ruling underscores procedural compliance in bailable offence cases, preventing arbitrary detention.
Allahabad High Court dismisses habeas corpus petition but underscores that remand orders must reflect independent judicial application of mind, not just printed proformas. The ruling reinforces Arnesh Kumar guidelines, mandating detailed reasoning in detention orders under Bharatiya Nyaya Sanhita and POCSO Act to prevent arbitrary arrests.
Meghalaya High Court rules that threats extending beyond a legal notice prima facie disclose an offence under Section 351(2) of the Bharatiya Nyaya Sanhita, distinguishing Manik Taneja. The judgment clarifies that mere legal notices may not suffice, but overt intimidation-including video evidence-justifies FIR continuation, reinforcing the Bhajan Lal quashing thresholds for criminal intimidation cases.