Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Filing of an anticipatory bail application during pendency of regular bail application is misuse of process of Court - Application for anticipatory bail rejected...........
Criminal Procedure Code, 1973, Section 439(2), 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Cancellation of anticipatory bail - Accused not coming to Court with clean hands as he concealed fact of seven criminal antecedents of him - He has played fraud in obtaining the judgment as enunciated in S.44 of Evidence Act - Order granting anticipatory bail set..........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Provision of POCSO Act will prevail over SC/ST Act and whenever an offence under POCSO Act is..........
Protection of Children from Sexual Offences Act, 2012, Section 42A, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 20, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence committed both under POCSO Act and SC/ST Act - Order refusing bail has been passed by Special Court constituted under POCSO Act and not by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(Va) -- Anticipatory bail - Rape - Heinous crime has been committed with a minor retarded girl aged about 14 years and eight months by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 419, 120B, Prevention of Corruption Act, 1988, Section 7, 13(1)(a), 13(2) -- Anticipatory bail - Cheating - Proclamation u/s 82(1) Cr.P.C issued against accused - However, nothing on record to indicate that proclamation has been published as provided u/s 82(1) Cr.P.C - In the absence of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 67A -- Anticipatory bail - Rape - Whatsapp screen shot between accused and victim shows that victim voluntarily went to hotel knowing very well that accused along with co-accused were there in the hotel - Sex they had at the hotel was consensual in nature - Receipt of payment of Rs.5000..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Proclaimed offender not entitled to anticipatory bail - However, in an exceptional and rare case, Supreme Court or High Court can consider plea seeking anticipatory bail, despite the applicant being a proclaimed offender, given that Supreme Court and High Courts are Constitutional Courts...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3(2)(v), Indian Penal Code, 1860, Section 376(2)(n), 506, 354(A)(1)(i), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Rape - Specific case of victim is that she was subjected to rape after giving her a cake and a bottle of water by accused and later she felt..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Even if custodial interrogation is not required or necessitated by itself cannot be ground to grant anticipatory bail...........
