#right to liberty

The Bombay High Court has struck down a Rs. 28 lakh deposit condition for bail, affirming that financial capacity cannot substitute judicial evaluation of merits under Section 528 BNSS. This ruling strengthens the constitutional right to liberty by rejecting economic barriers to release, impacting thousands of undertrials facing similar arbitrary conditions across Maharashtra.

The Allahabad High Court granted bail to a father-in-law in a dowry-related suicide case, holding that once a charge sheet is filed, custodial interrogation is no longer justified under Supreme Court guidelines on jail overcrowding and procedural fairness. This reinforces that mere familial association, without concrete evidence, cannot sustain pre-trial detention when investigation is complete and no flight risk exists.

The Kerala High Court held that failure to file a chargesheet within 90 days of arrest under Section 483 of the Bharatiya Nagarik Suraksha Sanhita automatically entitles the accused to statutory bail, reinforcing that procedural delays cannot justify continued pre-trial detention. This ruling strengthens the right to liberty for under-trials and imposes a strict timeline on prosecution diligence.

The Punjab & Haryana High Court granted bail under Section 123 of the Bharatiya Nagarik Suraksha Sanhita, emphasizing the lack of medical or forensic evidence to support allegations of intoxicant administration. The ruling underscores that prolonged detention without substantive evidence violates the accused's right to liberty under Article 21, particularly when custodial interrogation is unnecessary.

The Bombay High Court has ruled that custodial detention is unnecessary in cases where trust property disputes are substantiated by documentary evidence and no independent criminal intent is established, effectively limiting criminal prosecution to cases beyond civil boundary disputes. This sets a critical precedent for protecting trustees and managers from weaponized criminal complaints in civil matters.

The Allahabad High Court has ruled that detention under the U.P. Gangsters Act cannot be justified solely on the basis of multiple pending cases if the accused is already on bail in each of them and there is no material showing witness intimidation or evidence tampering. This reinforces that preventive detention under the Act requires more than mere association with criminal cases - it demands active, ongoing threat to public order.

The Rajasthan High Court granted bail to an accused with 18 prior cases, holding that the mere number of antecedents cannot override the right to liberty under Article 21 when the trial is unduly delayed and no evidence remains to be recovered. This reinforces that pre-trial detention must be exceptional, not automatic, even in serious cases under the BNSS.

The Punjab & Haryana High Court has ruled that prolonged undertrial incarceration exceeding five years, coupled with prosecutorial delay, justifies granting regular bail even in murder cases, affirming that a second bail petition is legally maintainable upon demonstrating substantial change in circumstances under Section 483 BNSS. This sets a critical precedent for undertrials languishing in custody without trial, reinforcing the right to liberty over procedural rigidity.

Chhattisgarh High Court grants bail in NDPS case, holding that intermediate quantity of ganja (12 kg) does not attract Section 37 restrictions. Key takeaways for bail jurisprudence.

Punjab and Haryana High Court holds that mere presence in group violence, without active participation or evidence of use of weapon, cannot justify denial of bail under BNSS.

Madhya Pradesh High Court grants anticipatory bail after finding deliberate withholding of counter case diary, affirming that procedural misconduct cannot prejudice accused's liberty.

Andhra Pradesh High Court grants statutory bail under BNSS Section 187 where investigation exceeds 60 days without charge sheet filing, reinforcing accused's right to liberty.

Kerala High Court holds that accused are entitled to statutory bail under BNSS Section 483 if investigation remains incomplete beyond sixty days of arrest, regardless of gravity of offence.

Madhya Pradesh High Court waives Rs. 3 lakh bail deposit condition after complainant's repeated non-appearance, affirming that bail conditions cannot be used to effectively deny liberty.