Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(1), 64(2)(M), 61, 96, 137(2), 318(4), 338, 336(3), 340(2), 67, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 5(L), 6 -- Bail - Rape - True age of prosecutrix was suppressed by preparing a forged Adhaar Card - FIR lodged at the instance of applicant side..........
Indian Penal Code, 1860, Section 376(2)(n), 420 -- Rape - Refusal to marry - Victim herself admitted in her cross-examination that she indulged in physical relationship despite refusal of appellant to marry her - She had supported the bail application of appellant before High Court and had travelled along with his relative to High Court - Victim was thus in relationship..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 2(1)(d), 2(1)(e) -- Bond and bail bond - When accused is released on bond without sureties it is called as a bond and when accused is released on a bond with sureties it is called a bail bond...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 141(1)(b) -- Imprisonment in default of security - It is only against person who executes bond or bail bond to keep the peace and who violates the conditions in bond or bail bond can be proceeded against by ordering his arrest and detention...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Ranbir Penal Code, 1989, Section 302, 34, 201, Arms Act, 1959, Section 4, 25 -- Bail - Offence u/Ss. 302, 201, 34 and Ss.4, 25 Arms Act - Petitioner in custody for seven years - Even, co-accused died during pendency of trial - Moreover, entire prosecution case based on circumstantial evidence - Further, material..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Prevention of Corruption Act, 1988, Section 7A, 12, Bharatiya Nyaya Sanhita, 2023, Section 61(2), 238 -- Bail - Illegal gratification - Criminal conspiracy - Appellants have already been charge sheeted and are expected to co-operate with conduct of trial - Considering period of incarceration, bail granted...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Commercial quantity - High Court granted bail without analysis of twin requirements of S.37 of the Act - Omission to consider these factors bears directly upon statutory satisfaction required by S.37(1)(b) of the Act - Impugned order of granting bail set aside and matter remitted to..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on accused's contention that his brother who is a Sepoy in Indian army has given an undertaking to ensure accused's..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Dispensing with mandatory requirement of S.37 of the Act not made out on the ground that accused is behind bars for an unreasonably long time of about two years - Order of bail set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37 -- Bail - Contraband - Setting aside order of bail - Accused involved in drug trafficking in an organized manner - Accused allegedly got the cavities ingeniously fabricated below the trailor to conceal the contraband - No case for dispensing with mandatory requirement of S.37 of the Act made out - Order of..........
