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, 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..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Merely because the cheated amount is not recovered, relief of anticipatory bail cannot be declined to petitioner - Veracity of allegations is yet to be established by prosecution by leading cogent evidence - Petitioner has joined the investigation -..........
Indian Penal Code, 1860, Section 153, 505(1)(b), 505(2) -- Offence u/ss 153, 505(1)(b), 505(2) IPC - Quashing of charge sheet - Alleged speech of petitioner in `You Tube' when heard as a whole does not attract ingredients to prosecute the petitioner - Moreover, members of other community or his own community had no objection or reacted to his speech but it is a member of..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 420 -- Quashing of proceedings - Compromise - Cheating - Matter compromised between borrowers and Bank - Loan account of borrower closed upon payment of amount - Possibility of conviction of accused is remote and bleak - Continuation of criminal proceedings would put accused to great oppression..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - As such first part of offence of S.509 IPC is not made out...........
Indian Penal Code, 1860, Section 509 -- Referring defacto complainant as a prostitute - Allegation that accused stated so to inmates of flat and nearby shop owners and not used the derogatory text directly to the defacto complainant - Even though statement alleged to be spoken by accused persons was not intending to be heard by defacto complainant or seen by her, but to..........
Indian Penal Code, 1860, Section 376 -- Rape - Accused and victim being legally married husband and wife and victim being major, sexual intercourse between two if forcible cannot be considered rape...........
Indian Penal Code, 1860, Section 376 -- Rape - Victim left her house along with accused without informing her parents or any of her relatives - Age of victim was around thirty years at the relevant time - They got married and after their marriage, they lived together as husband and wife in the house of accused for one and half months - Victim did not raise any hue and cry..........
