Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201, 306 -- Anticipatory bail - Second petition - Maintainability - Earlier anticipatory bail petition was dismissed on 06.04.2026 and the subsequent petition filed on 16.04.2026 disclosing no change in circumstances, much less..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Criminal Procedure Code, 1973, Section 437(5), 439(2), Indian Penal Code, 1860, Section 302, 201 -- Anticipatory bail - Accused already on regular bail - Addition/alteration to graver non-bailable offence during trial and order framing charge - A person released on bail is already in constructive custody of law and..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Pre-arrest bail cannot be granted as a matter of course - Power u/s 438 Cr.P.C. (S.482 BNSS) could be exercised only when a special case is made out that too after recording reasons thereof...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Mere fact that an accused was in a foreign country when an application for pre-arrest bail u/s 438 Cr.P.C. was filed, does not make application not maintainable...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Complainant himself requested for referral of dispute to meditation and even participated in the process - No objection was taken from prosecution side for said referral - Even more than 50% of settled amount has been paid back by accused to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Merely not getting desirable answers is itself not a reason to deny bail particularly, when level of non-participation is itself unclear...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 306, 34 -- Anticipatory bail - Abetment of suicide - Case of prosecution rests upon contents of suicide notes of deceased - However, there is nothing credible enough for substantiating the same - Exchange of WhatsApp texts of deceased with applicant prior to her committing suicide also..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Co-operating with investigation does not extend to violation of constitutional right against self incrimination...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant has joined and is co-operating with investigation - Anticipatory bail denied to accused on the ground that he has not handed over his mobile phone - It is for State to complete investigation in accordance with due procedure, but it cannot insist upon appellant incriminating himself -..........
