Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Accused contended that final report does not disclose commission of alleged offence by him - However, a bare perusal of statement made by victim u/s 164 Cr.P.C in explicit terms..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4, 29 -- Bail - Kidnapping and rape - Ground urged by accused that medical opinion has not categorically opined about happening of alleged intercourse with victim, may not be attracted at this stage while considering bail..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 62 gms Methamphetamine - Accused not found in possession of any contraband article - Recovery effected from co-accused - There is no recording of conversation in between accused and co-accused - Mere contacts with co-accused who were found in..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 29, Criminal Procedure Code, 1973, Section 439 -- Recovery of 62 gms Methamphetamine - Bail - Co-accused who were found in possession of contraband is granted bail - On ground of parity accused is required to be released on bail, as from his possession nothing is found at any point of time - Moreover, there is..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere fact that there is no change of circumstances after dismissal of earlier bail application and third bail application is granted in favour of accused, by itself is not sufficient to cancel bail that is granted to accused, particularly when 48 witnesses has been examined and there is no material..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Recovery of 25 loose tablets and 1100 intoxicant tablets - Bail - Petitioner is a lady of 38 years and is in custody from 3.7.21 - Quantity recovered falls under commercial quantity - However, investigating agency was not able to gather any sufficient..........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Extension of time to complete investigation granted without opportunity to accused to have his say - Order is illegal and unsustainable in the eye of law - Default bail granted...........
Criminal Procedure Code, 1973, Section 439, 167(2) -- Default bail - Strict rules of pleadings not applicable in bail petition - Even if a ground for grant of bail is not taken in the bail petition and not argued by the counsel for the accused, Court is not deprived of releasing the accused on bail on such ground if it is legally sustainable...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Indefinite adjournment in a matter relating to anticipatory bail that too after admitting it, is detrimental to valuable right of a person...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail application along with interim bail - When an application for anticipatory bail along with application for ad-interim relief was listed before Single Judge, Judge should have decided the application one way or the other, so far as ad interim prayer or should have taken up for consideration after giving some..........
