Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 201, 120B -- Bail - On basis of parity - Murder - Petitioner is main accused and he played a key role in planning murder of deceased and ultimately killing him - More than sufficient material on record against accused - It was petitioner who compelled co-accused to call deceased to their..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 384 -- Bail - Cheating - Accused has been behind bars since last about 3 months and 9 days - Keeping in view the role attributed to accused, further detention of accused will not serve any useful purpose, as conclusion of trial will take some time - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 467, 468, 471 -- Anticipatory bail - Cheating - Civil suit is already pending before civil Court with regard to almost similar allegations - Accused has no criminal history - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 459, 460, 380, 302, 411, 120B -- Bail - Offence u/ss 459, 460, 380, 302, 411, 120-B IPC - Prosecution not collected any forensic evidence to prove involvement of petitioner - The only eye-witness stated that he could not properly see the accused - Accused has no criminal antecedents - Bail..........
Criminal Procedure Code, 1973, Section 451 -- Release of seized vehicle - Vehicle seized in an offence u/ss 364, 392 IPC - Vehicle in question hypothecated by original owner in favour of appellant by entering into hire purchase agreement - Entry of hypothecation of vehicle in favour of appellant was very much there in original registration certificate, which was..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 452, 396, 323, 326, 212, 412, 201, 120B -- Bail - Offence u/ss 307, 452, 396, 323, 326, 212, 412, 201, 120-B IPC - Active role played by accused in commission of crime - Accused was instrumental in managing certain objects for commission of crime as per investigation - Considering gravity and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 354, 354A, Information Technology Act, 2000, Section 66 -- Anticipatory bail - Accused circulated certain photographs of prosecutrix on social media - Fact of accused and prosecutrix known to each other does not entitle accused to misuse the social media and to circulate objectionable material -..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Maltreatment of wife by husband - In conciliation proceedings husband gave in writing that he will not maltreat wife again if she came back to live with him - This statement is virtually an admission of fact that husband maltreated wife - Allegations of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 406, 354 -- Quashing of FIR - Offence u/ss 498-A, 406, 354 IPC - Allegation against father-in-law and mother-in-law - Husband and wife living separately long back before FIR came to be lodged - Allegation of outraging modesty of complainant as against her father-in-law was not found..........
Indian Penal Code, 1860, Section 376, Criminal Procedure Code, 1973, Section 482 -- Rape - False promise of marriage - Quashing of FIR - Love affair between parties which continued unabatedly for almost 12 years - Accused and prosecutrix involved in a purely consensual relationship with each other for nearly a decade - Allegation against accused that prosecutrix was..........
