Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Petitioners summoned with aid of S.319 of the Cr.P.C - Since trial is already proceeding pursuant to filing of charge sheet, it is certainly not a case where any custodial interrogation of petitioners is required - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 506 -- -Anticipatory bail - Rape of married woman - No medical evidence on record to support the case of complainant - Even documents on record suggestive of likelihood of a money dispute - It would be travesty of justice to send petitioner behind the bars - Bail granted...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 376 -- Cancellation of bail - Rape of 14 years old girl - Alleged rape is committed on a young girl - There is one statement on record that her age is 16 years, but for purpose of present matter it does not make much difference - Fact that victim of rape is habitual to sex cannot be a valid..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 354, 341, 452, 506 -- Bail - Rape - Nothing suggestive from FIR of any act of rape committed by petitioner and there are only general and vague insinuation bereft if any details - Even, photographs on record are suggestive of a consensual relationship - More so, there is nothing corroborative..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 346, 506, 34 -- Bail - Offence u/ss 376, 346, 506, 34 IPC - Medical report does not support the case of prosecution - Even, trial is not likely to be concluded in near future - Bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 114, 506, 120B -- Bail - Rape - Despite availing 9 opportunities by prosecution, prosecutrix has not come forward to depose in the case - It is appears that prosecutrix is intentionally delaying trial and for this reason, petitioner cannot be allowed to suffer - Moreover, FSL report in case..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506, 120B -- Bail - Rape - As per allegations, it is highly improbable to accept on the face of it that petitioner, in the presence of his parents and sister has done so - Even, there is no medical evidence to support allegations which have come belatedly - Moreover, it is highly improbable..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 323, 376(3), 376(D), 366, 366A, 376DA, 511, 506, Protection of Children from Sexual Offences Act, 2012, Section 4, 18 -- Anticipatory bail - Offence u/ss 323, 376(3), 376(D), 366, 366-A, 376-DA, 511, 506 IPC & Ss.4, 18 POCSO Act - Initial occurrence took place when victim was a minor - However,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, 120B, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Offence u/ss 363, 366A, 376, 120-B IPC & S.8 POCSO Act - No role specifically attributed to petitioner by victim in her statement u/s 164 Cr.P.C. and that all allegations have come about subsequently -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376(D)(A), Protection of Children from Sexual Offences Act, 2012, Section 5(G), 6 -- Bail - Kidnapping and rape - Prosecutrix made no allegation against accused on the day when she was recovered - Subsequently under the pressure of her family she made allegation against accused - Bail..........
