Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 408, 409 -- Anticipatory bail - Offence u/ss 408, 409 IPC - Material available during investigation as per FIR/complaint would show that offence is made out against accused - Nature and gravity of offence and role played by accused disentitle accused to grant of anticipatory bail - Accused has..........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 420, 406, 467, 468, 471 -- Cancellation of anticipatory bail - Cheating - Forged documents - Veracity and authenticity of documents alleged to be forged were to be ascertained by I.O. - Charges were framed against accused - Custodial interrogation of accused not required - Anticipatory bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 406, 420, 120B, Rajasthan Public Examination (Prevention of Unfair Means) Act, 1992, Section 4, 6 -- Bail - Leakage of REET question paper - Case at the stage of framing of charge - Accused in custody for more than a year - No likelihood of conclusion of trial within a short time - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 120B, 34 -- Bail - Murder - Accused is stated to be implicated on the basis of statement of co-accused - However, accused has been in custody since 2019 and out of 39 witnesses, none have been examined - Trial of case is likely to take time - Keeping in view of long custody of accused,..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Rape - Investigation was carried out and challan was presented - Total 22 PWs have been cited, however, no PW have been examined in the trial undertaken against petitioner after framing of charges -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 364A, 370, 386, 120B -- Bail - Kidnapping for ransom - Accused have suffered incarceration of 1 year and 4 months - There is no likelihood of trial concluding anytime soon, as charges are yet to be framed - Gold articles and money has already been recovered by investigating agency - Bail..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 452, 323, 354, 506, 509, Arms Act, 1959, Section 25 -- Anticipatory bail - Offence u/ss 452, 323, 354, 506, 509 IPC and S.25 of Arms Act - Serious allegations levelled against accused in the FIR - Accused is alleged to have trespassed into the property of complainant and threatened to..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Allegation that accused after receiving the goods, did not pay the money - Proceed of crime is amounting to the tune of Rs.6,71,92,431 - Such averments would prima facie make out a case for investigation by authorities - If the allegation discloses a..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 324, 326, 452, 506, 148, 149 -- Second anticipatory bail application - Offence u/ss 323, 324, 326, 452, 506, 148, 149 IPC - Accused is the main accused who has been attributed grievous injury, but three persons from the side of accused also sustained simple injuries - Accused has already..........
