Showing : 1-10 of 45 Results

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...........
SUPREME COURT OF INDIA
Year of decision: 2019
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 365, 323, 394, 120B, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d), 3(2)(va)-- Bail - Kidnapping - Accused is in custody since Sep 2017 - Further custody of accused will come in the way of conduct of trial that will have to be held against him - Accused ought to be released on bail - Bail granted to accused...........
CALCUTTA HIGH COURT
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18A, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Ingredients of offence u/s 3 of SC/ST Act made out against accused - Embargo u/s 18 of SC/ST applies - Application u/s 438 Cr.P.C for anticipatory bail against such offence is not maintainable...........
ALLAHABAD HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 368, 342, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xii)-- Bail - Rape of married woman - Prosecutrix is aged about 30 years and a married woman - She travelled with accused and stayed with him for about one month - FIR lodged on an application moved u/s 156(3) Cr.P.C after more than 4 months of alleged incident - No medical report of prosecutrix found on..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 18-- Anticipatory bail - Offence u/s 3 of SC/ST Act - Complainant abused in the name of his caste - Complainant also assaulted by accused - This was not a case where bar u/s 18 of SC/ST Act overcome by accused - Ingredients of offence of alleged atrocity against accused made out - Bail rejected...........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989-- Offence under SC/ST Act - Directions issued for safeguards against arrest and false implications: (i) No absolute bar against grant of anticipatory bail in cases under the Atrocities Act if no prima facie case is made out or where on judicial scrutiny complaint is found to be prima facie mala..........
SUPREME COURT OF INDIA
Year of decision: 2018
Details
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, Criminal Procedure Code, 1973, Section 438-- Anticipatory bail in offence under SC/ST Act - Exclusion of S.438 Cr.P.C. applies when a prima facie case of commission of offence under the Act is made out - On the other hand, if it can be shown that allegations are prima facie motivated and false, such exclusion will not apply...........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3, 4-- Bail - Offence u/s 304(Part I)PC and Ss.3, 4 of SC/ST Act - FIR registered on 12.01.2016 of occurrence 10.01.2016, at the instance of son of deceased, who claimed himself to be eye witness to occurrence - However, his presence was not shown by Doctor at first instance, while providing first aid to..........
SUPREME COURT OF INDIA
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 436, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(iv), (v), Criminal Procedure Code, 1973, Section 439-- Bail - Offence u/ss 436, 34 IPC and S.3(2)(iv), (v) of SC/ST Act - Accused convicted and sentenced under alleged offences - Co-accused already released on bail - Accused in custody for about 2 years - Appeal filed before High Court is not likely to be heard on an immediate date - Bail granted to..........
RAJASTHAN HIGH COURT
Year of decision: 2017
Details
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(g), 354, 384, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(xi), 3(2)(v), Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12-- Bail - Rape - Prosecutrix totally gave up allegations levelled against co-accused and was declared hostile - She made farfetched and uncorroborated allegations against accused - Benefit of bail granted to accused - Application allowed...........

Showing : 1-10 of 45 Results