Topic
Uttarakhand High Court rules that vague FIR allegations lacking specific role attribution fail to justify continued pre-trial detention. Mere CCTV presence, without active participation evidence, cannot override the right to liberty under Article 21, reinforcing bail jurisprudence in group offences.
The Himachal Pradesh High Court has ruled that for an offence under Section 3 of the SC/ST Act to proceed, the initial FIR must explicitly contain allegations of casteist slurs or humiliation. Subsequent statements under Section 161 CrPC cannot be used to retrospectively supply this essential element, sharply limiting how prosecutors can bolster SC/ST Act charges after investigation. This sets a strict pleading standard affecting how police draft FIRs and how courts assess prima facie cases.
The Madhya Pradesh High Court ruled that anticipatory bail must be granted if the FIR contains no allegations against the applicant, even if they are related to co-accused. The court emphasized that familial connections alone cannot justify arrest, reinforcing protections under Section 438 CrPC for innocent individuals.