Bharatiya Nyaya Sanhita, 2023, Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Abetment of suicide - Anticipatory Bail - Husband committed suicide in 2025, but accused wife had been living separately since 2022 - Accused had also filed complaint against husband in 2024 alleging he threatened to commit suicide if she did not return - Even, FIR is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 75(1) -- Anticipatory bail - Offence u/s 75 of BNS - Serious allegations made against petitioner in FIR - However, petitioner also filed a complaint against de facto complainant - No investigation has been conducted by I.O. on said complaint - When certain materials are produced..........
Prevention of Money Laundering Act, 2002, Section 44 -- Offence u/s 44 of the Act - Appellant is in custody from 8.8..2024 - Order taking cognizance has been set aside by High Court and a fresh application for taking cognizance is yet to be heard by special Court - Custody of appellant cannot be continued - Direction issued that appellant be produced before Special Court..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- SCST - Anticipatory Bail - Duty of Court to determine existence of prima facie case - Analysed. Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, 1989, S.18 - Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply only when a prima facie case is made out in a given FIR/complaint - If prima facie is not made out anticipatory bail to be granted - Held; (a) Prima facie is a Latin term that..........
Criminal Procedure Code, 1973, Section 439, Prevention of Money Laundering Act, 2003, Section 45, 3, Prevention of Corruption Act, 1988, Section 13(1)(e), 13(2), Indian Penal Code, 1860, Section 109 -- Bail - Offence u/s 3 of PMLA and Ss. 13(1)(e), 13(2) of P.C. Act - Accused failed to satisfy that there are reasonable grounds for believing that they are not guilty of..........
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18, 18A, 3, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 3 of SC/ST Act - Allegations leveled against accused in the complaint shows a prima facie case for commission of offences in question - Provisions of Ss.18, 18-A of SC/ST Act would certainly apply -..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Law as to : (a) Without completing the investigation of a case, a charge-sheet or prosecution complaint cannot be filed by an investigating agency only to deprive an arrested accused of his right to default bail u/s 167(2) Cr.P.C.; (b) Such a charge-sheet, if filed by an investigating authority without first..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376D, 323, 324, 328, 34 -- Anticipatory bail - Offence u/ss 376-D, 323, 324, 328, 34 IPC - Merely because petitioner had not sought pre-arrest bail when FIR was registered and was subsequently cancelled cannot be termed to be a circumstance to deny bail to petitioner, at a subsequent stage in..........
