Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 342, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner has undergone actual custody of 8 months and 28 days as undertrial - No other case is pending against petitioner - Trial of case is likely to consume considerable time..........
Criminal Procedure Code, 1973, Section 439 -- Bail - While considering bail application apart from seriousness of charges and severity of punishment, paramount consideration should be given to whether there are chances of absconding or tampering with the witnesses or intimidation to victim or witnesses on the part of accused...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Bail application of an unconvicted person should not be rejected for the purpose of giving him a taste of imprisonment as a lesson or as a mark of disapproval of his conduct...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 419, 406, 467, 468, 471, 120B -- Bail - Cheating - No averment from prosecution's side that there are chances of absconding or tampering with the witnesses or intimidation of victim or witnesses on the part of accused who is a lady - She is in jail since 12.10.2023 and till date charge has..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 506, 34 -- Bail - Abetment of suicide - Suicide note of deceased reveals that deceased inflicted injuries with an axe on petitioner who along with one `S' extended threats to kill him and had eloped with his minor daughter and due to which deceased committed suicide - Whether these..........
Criminal Procedure Code, 1973, Section 362, 439(2) -- Review - Order of cancellation of bail - Grant of bail to co-accused would not ipso facto entitle petitioner to the same - Petitioner was incarcerated for about 6 months - This cannot be taken as incarceration for a significant period of time - Petitioner can file a fresh bail application and same shall be considered on..........
Criminal Procedure Code, 1973, Section 439, Arms Act, 1959, Section 25, 29 -- Bail - Offence u/ss 25, 29 of Arms Act - Petitioner is alleged to be found in illegal possession of weapons - He is in custody for a period of 1 year, 10 months and 21 days - Petitioner does not have any criminal antecedents - Trial is likely to take time as 17 PWs are yet to be examined - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012 -- Bail - Child victims - Directions issued to Secretary, Department UP Government to ensure that proper formats of reports to be submitted by Child Welfare Committee (CWCs) Courts in bail applications under POCSO Act - Proper training programmes to build the capacity of CWCs..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 16, 17 -- Bail - Rape - Victim is a minor girl aged about 14 years - Applicant is the father of victim - Victim identified applicant as principal offender who trafficked her for money - Offence in question is grave and..........
