Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Second bail application - For maintaining a second petition for bail, it is sine qua non to bring forth change in circumstances...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376(2)(n), 323, 506 -- Second bail application - Rape - First bail application was dismissed as withdrawn - Second bail application filed approximately 4-1/2 months without any fresh substantial change in circumstances - Allegations made against petitioner are serious in nature and he..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 479, Indian Penal Code, 1860, Section 354, 354A, Prevention of Women from Domestic Violence Act, 2005, Section 8 -- Bail - Undertrial prisoner - Victim has not been examined yet - Mother of victim is not willing to appear before trial Court, as she does not wish to pursue FIR - Applicant has already undergone one third..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Consent to engage in physical relations does not extend to the misuse or exploitation of a person's private moments or their depiction in an inappropriate and derogatory manner - Thus, while the first sexual encounter may have been consensual, subsequent ones were..........
Prevention of Money Laundering Act, 2002, Section 45 -- Bail to woman - Charge already framed - However, there are 67 witnesses and recording of evidence is yet to commence - There are no antecedents of appellant brought on record - As rigours of S.45(1)(ii) of the Act will not apply, Special Court ought to have treated application as one u/s 439 Cr.P.C or S.483 BNSS - As..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 65(2), 351(2), 332(c), Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Rape - Victim specifically stated in her statements recorded u/ss 180, 183 BNSS that applicant had forcibly took her to another room, bolted the room and committed misdeed with her..........
Criminal Procedure Code, 1973, Section 205 -- Exemption from personal appearance - Application u/s 205 Cr.P.C is maintainable at any stage of trial even prior to seeking bail and same will also apply at the stage of S.251 Cr.P.C - Even at the time of first appearance before trial Court, application u/s 205 Cr.P.C can be allowed in appropriate case for exemption from..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Appellant joined investigation - Custodial interrogation of appellant is not required any more - Anticipatory bail application allowed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Foreigners Act, 1946, Section 3 -- Bail to foreigner - Impleadment of Foreign Registration Officer - Authorities under Foreigners Act and the Order have no locus to oppose bail application filed by a foreigner unless bail is sought where allegation is of the offence punishable u/s 14 of Foreigners Act - Impleadment of..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - When application for bail is filed, Court is required to impose such bail conditions which would ensure that accused does not flee from justice and is available to face Trial - Imposing conditions which are irrelevant for exercise of power u/s 438 Cr.P.C. would not therefore be warranted...........
