Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory Bail in an offence under SCST Act - Prima Facie Case - Bar u/s 18 of the Act would apply only when a prima facie case is made out in a given FIR/complaint - If prima facie is not made out anticipatory bail to be granted - Held; (a) Prima facie is a Latin term that..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 126(2), 78(1), 79, 351(2), Protection of Children from Sexual Offences Act, 2012, Section 12 -- Anticipatory bail - Offence u/ss 126(2), 78(1), 79, 351(2) of BNS and S.12 of POCSO Act - Petitioner/accused has been allegedly stalking victim for quite considerable time, but call..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person who has committed an offence is not entitled to grant of discretionary jurisdiction of anticipatory bail unless it is shown that accused is falsely implicated or is entitled for protection of liberty...........
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 438, Mines and Minerals (Development and Regulation) Act, 1957, Section 21(1), 21(4) -- Anticipatory bail - Offence u/ss 21(1), 21(4) of Mines and Mineral Act - Offending tractor trolley was seized with illegal stone dust - Same was being driven by son of petitioner - It was the petitioner who directed his son to dump the stone dust..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Matrimonial dispute - Imposition of condition that husband should undertake to fulfill all physical as well as financial requirements of wife, is absolutely improbable and impracticable condition - Condition set aside...........
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 -- Second anticipatory bail application - Maintainability - First anticipatory bail application was dismissed as withdrawn - Therefore, there is no bar in entertaining subsequent anticipatory bail application...........
