Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 316(2) -- Anticipatory bail - Cruelty - Petitioner has already joined investigation and substantial part of dowry articles are recovered - Allegations detailed in FIR are matter of trial - No purpose would be served by sending petitioner behind bars - Anticipatory bail..........
Bharatiya Nyaya Sanhita, 2023, Section 80, 85, Dowry Prohibition Act, 1961, Section 3, 4, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Offence u/ss.80, 85 BNS and 3, 4 DP Act - Anticipatory Bail - As per the postmortem report on record, deceased died of asphyxia due to ante-mortem hanging and further, no other injury marks were found on any other part of the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 85, 80(2), 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Second anticipatory bail application - Cruelty - Dowry death - Appellant has a child of 2-1/2 months and she has co-operated with I.O. during course of investigation - Charge against appellant has been filed and her..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 80, 85, 108, 3(5), Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Allegations against mother-in-law of deceased - Relationship between appellant and deceased is not in dispute - Admittedly, husband of deceased has been arrested and he is..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Non-recovery of dowry articles cannot be made a ground to deny concession of bail to petitioner...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 406, 354, 323, 313, 34 -- Anticipatory bail - Cruelty - Allegations against parents-in-law regarding cruelty and dowry demand not proved, as complainant left the matrimonial home and complaint filed after a gap of almost one year - Documents placed on record reveal that no list qua articles..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 498A, 323, 406, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Cruelty - Husband contracted second marriage without divorcing his first wife whom he legally wedded - Contracting a second marriage by a Muslim may be lawful, but it causes enormous cruelty to first wife -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Non-recovery of dowry articles/Istridhan, cannot ordinarily be a ground, by itself, for declining a plea for grant of anticipatory bail to the husband or his relatives...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 406, 498A -- Anticipatory bail - Offence u/ss 406, 498-A IPC - Accused has joined investigation and is not required for custodial interrogation - It is neither the stand of State counsel nor that of complainant that accused has misused concession of interim bail by threatening/intimidating the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 304B, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Anticipatory bail - Dowry death - Cruelty - Deceased sustained injuries on account of accident as per dying declaration - Accused himself had sustained 8% burn injuries in trying to extinguish fire sustained by deceased coupled with the fact..........
