Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Murder case - Eye witness to the incident not appearing in trial Court to give evidence despite repeated directions by Court - Injuries attributed to co-accused who is already enlarged on..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Bail - No exceptional circumstances found to decline bail to a juvenile as indicated in S.12 of the Act - Bail granted to juvenile...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 304B, 302, 498A, 34 -- Bail - Dowry death - High Court granted bail to accused relying upon alleged suicide note recovered from dressing table - Complainant submitted that findings of High Court placing reliance upon alleged suicide note would prejudicially affect interest of complainant in..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 3(1)(r)(s), Indian Penal Code, 1860, Section 323, 143, 504 -- Anticipatory bail - Offence u/ss 3(1)(r)(s) of SC/ST Act and Ss.323, 143, 504 IPC - General and omnibus allegations made against accused - No whisper or averment in FIR that accused..........
Criminal Procedure Code, 1973, Section 438, 439(2) -- Anticipatory bail - Granted with condition that accused should not involve himself in similar or any offence - Two cases registered against accused thereafter - Mere registration of an offence is not breach of condition - Accused is innocent till he is held guilty - Order cancelling bail, set aside...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B -- Anticipatory bail - Dowry death - No serious allegations of any demand of dowry or any such harassment being met out to deceased at the hands of her husband or other members of his family - However, some allegations were made in the FIR that deceased was being administered some substance..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 27A, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of Rs.39.30 lacs reserved for narcotic business - Co-accused already granted bail - Petitioner has no criminal background - Petitioner is in custody since Feb 2018 - Charges have been framed and only 4 PWs examined out of 25 PWs -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 22(c) -- Bail - Offence u/ss 21, 22(c) NDPS Act - Recovery of 75 boxes of Tramadol Hydrochloride containing 18750 tablets - Petitioner is not involved in any other case under NDPS Act - Even, petitioner is in custody for last 01 year, 02 months and 07 days -..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering grant of bail, Court has to maintain balance between right and liberties of applicant and on the other hand it may not hamper investigation or likely to temper witnesses etc...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 148, 149 -- Bail - Murder - Role attributed to petitioner is only lalkara - Petitioner is summoned u/s 319 Cr.P.C on presentation of supplementary challan - She is suffering from HIV +ve from last 6 years and requires much more treatment - Bail granted to petitioner...........
