Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Prosecutrix was blackmailed and forced into this defilement which was much prior to registration of case, which can only be gone into at the time of trial - She in her stand throughout has levelled allegations and how under threat and coercion accused used to defile her..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Prevention of Women from Domestic Violence Act, 2005, Section 6 -- Bail - Kidnapping and rape - Victim girl was more than 17 years old and was capable of understanding or answering questions put to her by Court - She was not kidnapped by taking undue advantage of her innocence - Charge..........
Indian Penal Code, 1860, Section 420, 376, 493, 494, 495, 496, Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Marriage between accused and prosecutrix not denied and even previous marriage of accused and two kids also not denied - Accused said himself to be unmarried and under his assurance and persuasion this marriage took place, stated by..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 328, 313, 506 -- Anticipatory bail - Rape - False promise of marriage - Accused sexually exploited prosecutrix for about one and a half year on false promise of marriage with result that she had become pregnant - Thereafter, accused administered abortion pills to complainant and also..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - Medical examination - Refusal by prosecutrix - Where prosecutrix refused to undergo a medical examination, it shows that no offence is committed on prosecutrix by accused - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376 -- Bail - Rape - There is not even a single document filed by prosecution to corroborate that there was any physical relation between prosecutrix and accused - Major contradictions of facts mentioned in statements of prosecutrix recorded u/ss 161, 164 Cr.P.C and in her original Ruqqa -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 3, 4 -- Bail - Kidnapping and rape - Prosecutrix resiled from her statements earlier given to police and Magistrate u/ss 161, 164 Cr.P.C - She has nowhere supported prosecution case - Though guilt, if any, of petitioner..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, 506 -- Bail - Rape - Prosecutrix found habitual of sexual intercourse in report of scientific analysis - No evidence of sexual intercourse was found - She went underground and her cell phone is now switched off - Investigation reveals that petitioner informed his family members qua his..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366A, 376, Protection of Children from Sexual Offences Act, 2012, Section 5, 6 -- Bail - Kidnapping and rape - All important PWs including prosecutrix and her parents turned hostile and not supported prosecution case - It is thus, just and proper to grant bail to accused - Bail application..........
Indian Penal Code, 1860, Section 376, 376(2), 384, 328, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Rape - Whatsapp messages - Reproduced in application - Complainant not denied the contents of all the Whatsapp chats reproduced in application - Prima facie, the messages/chats do not even remotely suggest that any such incident as alleged had happened or that..........
