Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence under SC/ST Act - There is no absolute bar against grant of anticipatory bail in cases under SC/ST Act, particularly, when offences alleged to have been committed under the Act are prima facie not made out...........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(r), 3(1)(s), 3(2)(va), Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/ss 3(1)(r), 3(1)(s), 3(2)(va) of SC/ST Act - No whisper of allegation against accused by victim much less of commission of offence u/s 3 of SC/ST Act - Anticipatory bail granted to..........
Criminal Procedure Code, 1973, Section 438, 439 -- Successive bail applications - No restriction in moving successive bail/anticipatory bail applications if there is change in circumstances...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A -- Anticipatory bail - Grant of anticipatory bail on the condition that husband shall take wife to his house and maintain her with full dignity and honour as his lawful wife - Such condition should not have been imposed by High Court while granting anticipatory bail nor such could be a ground..........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Provisions of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person...........
Criminal Procedure Code, 1973, Section 438, 82 -- Anticipatory bail - Proclaimed offender - Petitioner has shown sufficient cause for her absence from the Court - Moreover, provision of S.82 Cr.P.C do not create an embargo on the power of High Court to grant anticipatory bail to a proclaimed person - Anticipatory bail granted to petitioner...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Once bail is granted to applicant, he is always expected to not only join investigation but also participate therein...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 506 -- Anticipatory bail - Rape - Complainant is a married lady having two children - Accused and complainant were known to each other - Prior to registration of FIR, accused already lodged a complaint against complainant regarding theft of his mobile phone and other valuable items -..........
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...........
