Topic
Allahabad High Court grants bail in a case under BNS Sections 115(2), 352, 351(3), 126(2), and 105, emphasizing delay in FIR and lack of specific allegations against the accused.
The Allahabad High Court granted bail to a woman accused in a death case where the prosecution failed to establish a causal link due to an incomplete post-mortem and no viscera report, emphasizing that speculative charges cannot override the right to liberty under Article 21. The ruling reinforces that pre-trial detention must be exceptional when forensic evidence is inconclusive and the accused is a primary caregiver to an infant, setting a critical precedent for gender-sensitive bail in dowry-related deaths.
The Bombay High Court holds that generalized, unattributed allegations under the SC/ST Act do not satisfy the threshold for invoking Section 18’s non-bailable bar, and where accompanying BNSS offences are bailable, pre-arrest bail must be granted. This clarifies that procedural vagueness cannot substitute for specific intent in atrocities cases, protecting accused persons from automatic custodial pressure.
The Karnataka High Court held that a niece, who never resided in the matrimonial home and had no domestic relationship under the PWDVA, cannot be prosecuted for domestic violence based solely on vague allegations of petty quarrels during infrequent visits. This ruling reinforces that the Act’s protections extend only to those within a recognized domestic relationship, preventing its misuse against peripheral family members.
Allahabad HC rules that vague allegations of bribery under Section 7 PCA, unsupported by direct evidence of demand or acceptance, cannot justify prolonged judicial custody. The court emphasized the absence of tampering risk and the accused's clean antecedents, setting a precedent for bail in corruption cases with weak evidentiary links.
Madhya Pradesh High Court quashes dowry prosecution due to vague allegations, decade-long delay, and absence of specific acts against accused family members.