Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 333, 341, 353, 427, 504, 506, 147, 148, 149, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(r)(s), 3(2)(V) -- Anticipatory bail - Offence u/ss 307, 333, 341, 353, 427, 504, 506, 147, 148, 149 IPC and Ss.3(i)(r)(s), 3(2)(V) of SC/ST Act - Case in..........
Criminal Procedure Code, 1973, Section 227, Indian Penal Code, 1860, Section 323, 504, 506, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(1)(d)(dha) -- Discharge - Offence u/ss 323, 504, 506 IPC and S.3(1)(d)(dha) of SC/ST Act - Prima facie sufficient material against accused is available on record - Allegation shall be tested when..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 506, 342, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Offence against accused is made out from perusal of material on record and looking into facts of the case - Disputed questions of fact arise in the case, which cannot be adjudicated..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 323, 427, 328, 504, 506, 354D, 392, 406 -- Bail - Rape - Charge sheet already submitted - Victim and her supporting witness are examined and other witnesses are also examined - Accused is in jail since Mar 2018 - Family members of accused are not residing in place where incident occurred,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(5) -- Bail - Kidnapping and rape - Accused committing penetrative offence against a 16 years old minor child - Statement..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 376, 506 -- Quashing of FIR - Rape case - Compromise arrived at in between parties - Allegation that accused had entered into physical relations with prosecutrix and on account of that she had become pregnant and he was not getting married to her - However, parties are living together happily with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 377, 452, 506 -- Bail - Unnatural offence - Dispute for exchange of money - Prima facie accused and victim were in consensual relationship for a period of 2 years - There are applications for lodging FIRs against each other - Accused is in jail since 13.1.21 - Considering material on record,..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Where victim herself denied allegation of rape in her statement u/s 164 Cr.P.C, rejection of bail by Courts below is highly inappropriate -..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 376, 323, 452, 147, 504, 506, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Juvenile - Bail - Rape - Nothing on record showing that there is moral, physical or psychological danger to juvenile, if he is released, nor there was any possibility..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366A, 370(4), 506, 120B -- Anticipatory bail - Kidnapping - Custodial interrogation of accused is required - Keeping in view nature, gravity and seriousness of offence, manner in which girl has been managed to be transported/travelled from Shimla to a remote village of U.P in an unorganized..........
