Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape of 4 years old girl - Accused is below 15 years and offence is committed prima facie with determination, exhibition of maturity and understanding of its consequences - Mother of..........
Criminal Procedure Code, 1973, Section 439(1)(a), 437(3) -- Bail - Conditions - Court, in addition to the conditions mentioned in S.437(3), clauses (a) to (c) can impose such other conditions as it considers necessary - Such conditions can be imposed `Only if it considers necessary' for which a finding is necessary for imposing such other conditions - Bail Court should..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Rape case - Condition restraining accused not to use social media like Face Book, Whatsapp, Twitter, Instagram etc, till investigation of crime is complete while granting bail to accused - Such conditions can be imposed, when main grievance of victim is that accused is circulating her photographs in social media, more..........
Criminal Procedure Code, 1973, Section 438 -- Interim bail granted for one month on ground of illness of mother - Interim bail extended for one month on ground that mother had expired and wife was suffering from serious illness - It was made clear that no application for extension of bail shall be entertained - Petitioner now seeking extension of interim bail on ground of..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape of married woman - Accused was a tenant of prosecutrix's family and was living on first floor in same residence - He was well aware of prosecutrix and her family - Offences are stated to have been committed continuously over a period of one year and three months - Question..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B -- Bail - Claim of bail on parity with co-accused - Murder - Co-accused was granted bail for different reasons which are not applicable in case of accused - Moreover, co-accused is a woman and not involved in any other case prior to present case - Petitioner on the other hand is involved..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Mere pendency of other FIRs against petitioner may not be reason enough to deny bail to him - It is for the State to secure custody of petitioner in relation to these other cases as per due procedure and in accordance with law - Co-accused already acquitted - There is no possibility of case improving against petitioner..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Order passed in bail application - Does not create a binding precedent...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354D, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 11, 12 -- Bail - Rape of minor girl - Accused was a matured married man aged 34 years having two children - Victim specifically narrated three incidents where she was subjected to sexual harassment by accused and..........
Indian Penal Code, 1860, Section 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 366-A IPC and S.4 of POCSO Act - Sister of informant left her home at her own will and married with son of petitioners - There being an infant baby born out of wedlock and her desire to live..........