Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 506 -- Anticipatory bail - Kidnapping - Victim married with deceased, against her parents - Father of victim lodged FIR against deceased and his brother and brother-in-law - Victim appeared before Court and expressed her willingness to go with her parents - Deceased later on committed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 363, 366, 34 -- Anticipatory bail - Offence u/ss 363, 366, 34 IPC - Additional Session Judge who has passed order granting anticipatory bail to accused despite objection raised by complainant as well as I.O. that girl is aged about 15 years though while dismissing anticipatory bail application of..........
Indian Penal Code, 1860, Section 366A, Protection of Children from Sexual Offences Act, 2012, Section 4, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 366-A IPC and S.4 of POCSO Act - Sister of informant left her home at her own will and married with son of petitioners - There being an infant baby born out of wedlock and her desire to live..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 406, 408, 409, 120B, Prevention of Corruption Act, 1988, Section 13(2) -- Anticipatory bail - Cheating - Petitioner is joining and co-operating investigation - He is not in a position to tamper with prosecution evidence nor in a position to flee from justice, as he is permanent resident of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 186, 188, 342, 323, 149 -- Anticipatory bail - Offence u/ss 353, 186, 188, 342, 323, 149 IPC - Matter involving merciless beatings given to police official on duty - If concession of pre-arrest bail is granted to accused of assaulting public servants on duty that may further embolden people..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 120B - - Attempt to murder - Allegations against accused are of causing burn injuries to her husband/victim by pouring some inflammable liquid and then putting him on fire and incident shows pre-meditated mind of accused - Version given by victim is fully supported by statement of his father..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Specific allegation against petitioner is that she used to unnecessary interfere in the relationship of deceased and his wife, as a result of which deceased was under great mental pressure - Petitioner along with co-accused used to call deceased..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Offence u/s 18 NDPS Act - Cultivation of opium plants - Contraband found in opium plants fall in intermediate quantity - Rigors of S.37 of NDPS Act not applicable - Petitioner joining and co-operating in investigation - He is not in a position..........
Criminal Procedure Code, 1973, Section 438, Unlawful Activities (Prevention) Act, 1967, Section 43D(4) -- Anticipatory bail - Bar contained in S.43-D(4) of Unlawful Activities Act - Application u/s 438 Cr.P.C is not maintainable in view of bar contained in S.43-D(4) of Unlawful Activities Act - However, protection has been enjoyed by petitioners approximately 1-1/2 years..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Allegation that petitioner induced victim to be with him on pretext of providing her a job - However, if petitioner had offered to provide her with a job there was no necessity for victim to have taken all her jewellery along with her - Victim thus, a consenting party and appeared to have eloped willingly -..........
