Showing : 11-20 of 445 Results

KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438-- Anticipatory bail - Mentioning a wrong provision of law in FIR should not be a ground for rejecting prosecution case and also not a ground for granting anticipatory bail to accused...........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376-- Anticipatory bail - Rape on pretext of marriage - Live-i, relationship between parties - Petitioner never promised prosecutrix that he will marry her - He never made any obscene video of prosecutrix with him nor had ever threatened her - Prosecutrix has stated in FIR that petitioner forced her to..........
TELANGANA AND ANDHRA PRADESH HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 417, 420-- Anticipatory bail - Rape and cheating - Contents of FIR and statement of victim shows that accused lured her, promised to marry and enjoyed her sexually, but for that she could not have consented - It is thus, an offence of rape u/s 375 IPC, as no free consent as contemplated by S.39 IPC is there..........
DELHI HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Prevention of Corruption Act, 1988, Section 7, 8, 12, Indian Penal Code, 1860, Section 120B-- Anticipatory bail - Illegal gratification - Petitioner per se is not a public servant and is not alleged to have received any illegal gratification - Rather, petitioner alleged to have been part of a conspiracy with conversations recorded allegedly to contend that he was negotiating payment of..........
BOMBAY HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506, 34-- Anticipatory bail - Abetment of suicide - Accused demanding possession of land from deceased - He threatened deceased and has put him to terms in respect of handing possession of land - Letters written by accused to police that deceased has threatened him that he would commit suicide shows that..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 499, 354D, Information Technology Act, 2000, Section 67A-- Anticipatory bail - Publication of obscene posts on Facebook - Petitioner actively participated in series of acts which led to publication of material against complainant which indicated and reflected towards alleged sexual conduct on the part of complainant in explicit terms - Police required..........
PUNJAB AND HARAYANA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354B, 323, 34-- Anticipatory bail - Outraging modesty of woman - Case of version and cross-version - Each party supports its own case by way of oral evidence and truth of allegations will be determined only during trial of case - No recovery is to be effected from petitioners - There is no necessity for custodial..........
KERALA HIGH COURT
Year of decision: 2018
Details
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, Criminal Procedure Code, 1973, Section 437, 438-- Contraband - S.37 NDPS Act only uses the expression `bail, therefore, restrictions u/s 37 of the Act apply to regular bail as well as to anticipatory bail...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12-- Juvenile in conflict with law - Application for anticipatory bail - Maintainability - S.10 of the Act provides for apprehending child in conflict with law and not for arresting him - Hence, application u/s 438 by juvenile in conflict with law is maintainable...........
KERALA HIGH COURT
Year of decision: 2018
Details
Criminal Procedure Code, 1973, Section 438, Juvenile Justice (Care and Protection of Children) Act, 2015, Section 10, 12, Indian Penal Code, 1860, Section 307-- Juvenile in conflict with law - Anticipatory bail - Offence u/s 307 IPC - Allegedly, role of petitioner in incident is only that he wrongfully restrained the victim - Even, petitioner was not armed with any weapon or that he used any weapon to attack victim - Moreover, he has no criminal..........

Showing : 11-20 of 445 Results