Indian Penal Code, 1860, Section 376, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Offence committed by juvenile u/ss 376 and 506 IPC and S.6 Protection of Children from Sexual Offences Act - Bail granted by Supreme Court and reiterated its direction to the State of Uttar Pradesh, to file an additional affidavit informing Supreme Court as to how..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 143, 147, 148, 353, 333, 332, 436, 427, 149, Unlawful Activities (Prevention) Act, 1967, Section 16, 18, 20, Prevention of Destruction and Loss of Property Act, 1981, Section 2 -- Bail - Offence u/ss 143, 147, 148, 353, 333, 332, 436, 427, 149 IPC, Ss.16, 18, 20 of Unlawful Activities..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37, 15, 29, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Contraband - Petitioner `V' is in custody since 01.12.2024 and till date not a single witness has been examined - While taking into consideration the period of custody already undergone by petitioner `V' fact that he does not have any..........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12 -- Juvenile - Bail - S.12 of the Act provides mandatory bail to a juvenile in conflict with law unless grounds provided u/s 12 Proviso of the Act is present - Juvenile should be reformed, rehabilitated and not punished - Bail is a rule and jail is an exception - Bail granted to juvenile...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - If offence is heinous in nature and trial of accused is in progress, bail should not be granted...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - On parity basis - Judge is not bound to grant bail to an accused on the ground of parity if order granting bail contain wrong facts - If any illegality is brought to notice of Court, same shall not be permitted to perpetuate...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 396, 412 -- Second bail application - On parity basis - Dacoity with murder - Incident is very serious as four persons have been done to death and injured was seriously injured - Merely because co-accused has obtained bail by concealment of correct facts, parity of such order cannot be..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 29 -- Bail - Offence u/ss 20(b)(ii)(c), 29 of NDPS Act - Petitioner was served with a notice u/s 50 Cr.P.C. - However, there was no disclosure of grounds of arrest - Mere mentioning Section of NDPS Act, registered in the F.I.R., cannot be said..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - While scheme Cr.P.C. (now BNSS) provides concurrent jurisdiction to High Court and Sessions Court for entertaining applications for anticipatory bail - However, High Court should always encourage exhausting an alternative/concurrent remedy before directly..........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Murder in broad daylight with the aid of hired assassins on contract - History of tense relations between parties - In view of serious nature of allegations against accused/respondents and gravity of offences alleged, High Court was not justified in passing..........
