no mens rea

Calcutta High Court Quashes Criminal Proceedings under Section 153A IPC for News Publication on Ground of No Mens Rea, Lack of Sanction, and Mechanical Cognizance by Magistrate “The graver the offence, the greater should be the care taken so that the liberty of citizen is not lightly interfered with.”

Court’s Decision The Calcutta High Court allowed the revisional application under Section 482 of the Code of Criminal Procedure and quashed the criminal proceedings initiated under Section 153A of the…
anticipatory bail denied

Orissa High Court Denies Pre-Arrest Bail to Petitioners Accused of Multiple Offences under Bharatiya Nyaya Sanhita Citing No Change in Circumstance and Seriousness of Injuries Alleged in Prior Order “Merely because co-accused was released on bail cannot be treated as a change in circumstances”

Court’s Decision The Orissa High Court dismissed a second pre-arrest bail application filed by four petitioners in a case under multiple provisions of the Bharatiya Nyaya Sanhita, 2023. The Court…
denied bail

Orissa High Court Rejects Anticipatory Bail to Accused Citing Bar under SC/ST (Prevention of Atrocities) Act and Lack of Case Records to Establish False Implication “Without the case diary, no material can be assessed to invoke judicial discretion.”

Court’s Decision The Orissa High Court dismissed an anticipatory bail application filed by an accused apprehending arrest in a case registered under the Scheduled Caste and Scheduled Tribe (Prevention of…
attempt to murder

Orissa High Court Declines Third Anticipatory Bail Plea in Attempt to Murder Case Despite Chargesheet, Directs Expeditious Consideration of Bail by Magistrate and Higher Forum on Same Day “Taking into account the nature of allegations, this Court is not inclined to entertain the application”

Court’s Decision The Orissa High Court dismissed a third anticipatory bail plea filed by the petitioners in a case involving serious offences including attempt to murder under Section 307 of…