Indian Penal Code, 1860, Section 376(2)(g), Criminal Procedure Code, 1973, Section 439 -- Bail - Gang rape - Petitioner was out of reach of police for about 27 years - He was in the same area and avoided his arrest and managed affairs in such a manner for 27 years - Petitioner was declared PO and was arrested in 1990 - There is possibility that petitioner had been..........
Criminal Procedure Code, 1973, Section 57, 167(2)(a)(ii), Indian Penal Code, 1860, Section 376(2) -- Life imprisonment - Default bail - Rape case - Merely because a meaning is given to imprisonment for life in S.376(2) IPC, it cannot be said that for computing period of detention u/s 167(2) Cr.P.C, S.57 IPC is not applicable...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, Protection of Children from Sexual Offences Act, 2012, Section 6, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Rape case - Victim aged about 15 years specifically stated that she was subjected to rape by accused and co-accused - She..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner is 24 years old and he is a permanent resident of District concerned and neither in a position to flee from justice nor in a position to tamper with prosecution evidence -..........
Indian Penal Code, 1860, Section 376, 406, 506, 120B, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Relationship interse parties from 2014 till application was given in the year 2019 - Parties also travelled out of station to various places - Accused already undergone 5 months and 10 days imprisonment as per custody certificate and it is not a case where..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 452, 506, 323, 34 -- Bail - Rape - Victim was not alone in the house on the date of incident and her daughter-in-law was sleeping on ground floor - No hue and cries made by victim - Story put forth by victim is highly improbable, as medical evidence does not support prosecution case - Victim..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376, Protection of Children from Sexual Offences Act, 2012, Section 5(1), 6 -- Bail - Kidnapping and rape - Victim is aged about 16 years 2 months - Contention of consent does not arise - There is an allegation that accused had sexual act with force and medical evidence placed before..........
Criminal Procedure Code, 1973, Section 438, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 18 -- Anticipatory bail - Offence under SC/ST Act - Prima facie victim was subjected to molestation as well as rape and unnatural intercourse by accused fully knowing that she belongs to SC community after giving false promise of marriage - Merely..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 313, 493, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Amendment Act, 2015, Section 3(2)(v) -- Bail - Rape - False promise of marriage - Victim being a major girl with sound mind - There seems to be no question of anyone being in a position to induce her into a physical..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376D, 506, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Accused and victim got married to each other in jail after seeking permission - Accused is entitled to bail - However, in case accused during pendency of trial attempts to divorce or divorces, girl whom he..........
