Showing : 1-10 of 45 Results

HIMACHAL PRADESH HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4-- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner is yet to be determined in totality of evidence collected on record by prosecution,..........
RAJASTHAN HIGH COURT
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(V)-- Bail - Abduction and rape - Prosecutrix is major and married lady and she lived with accused for about 3 to 4 years as per own free will - Relations between prosecutrix and accused were consensual - Bail granted...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 120B-- Anticipatory bail - Kidnapping - Victim was 17 years old at the relevant time, has moved out of house at dead of night of her own and contacted marriage with petitioner - Legality and validity of said marriage has never been challenged till date - Debatable issue having arisen as to whether..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 366, 376, 506-- Anticipatory bail - Kidnapping and rape - FIR filed as counter blast to complaint made by petitioner against some police officials - There was dispute between petitioner and complainant with regard to dishonour of certain cheques to which petitioner filed complaint u/s 138 of N.I Act against..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 366A, 342, 376, 376(2)(N), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5L, 6-- Kidnapping and rape - Prosecutrix aged 18 to 20 years solemnized marriage with accused - Moreover, prosecutrix went with accused on her own free will - Bail granted to accused...........
ALLAHABAD HIGH COURT
Year of decision: 2017
Details
Juvenile Justice (Care and Protection of Children) Act, 2000, Section 12, Indian Penal Code, 1860, Section 363, 366, 376D-- Juvenile - Bail - Kidnapping and rape - Gravity of offence is not a ground to deny bail to a juvenile/accused, unless conduct of accused is such to indicate that in all likelihood, after being released on bail, accused will indulge into more crimes - If there are no imminent chances of his..........
HIMACHAL PRADESH HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 342, 323, 120B-- Bail - Offence u/s 363, 366, 342, 323, 120-B IPC - Petitioner participated in the process of investigation - Co-accused already released on bail - Status report on record reveals that no recovery etc., is to be effected from petitioner - Bail granted to petitioner with conditions...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 376, 343, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11(5), (12), 17, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3-- Anticipatory bail - Kidnapping and rape - Prosecutrix not supported prosecution case - Co-accused already acquitted - Petitioner is lady and ready to surrender before trial Court - Without expressing any opinion on merits of case, petitioner released on bail - Bail granted...........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 4, 6-- Third bail application - Kidnapping and rape - Earlier two bail applications of accused dismissed before examination of prosecutrix - No definite opinion about sexual assault committed on prosecutrix in her medical report - Accused is in custody for more than a year - Without expressing anything..........
BOMBAY HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 342, 376D, 114-- Bail - Gang rape - Consent by prosecutrix under intoxication - Prima facie while considering post rape conduct of prosecutrix and her physical condition, it appears that she did not want to have sexual intercourse - However, if at all prosecutrix consented to it, said consent under intoxication is..........

Showing : 1-10 of 45 Results