Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Merely because there was public outcry and media coverage of incident, gravity of offence does not get diminished...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court cannot minutely examine evidence on record...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 302, 363, 201 -- Bail - Rape and murder of 8 years old girl - Incident occurred in a gruesome manner in which 8 years old girl was raped and killed that too by her own cousin - Merely because there was public outcry and..........
Criminal Procedure Code, 1973, Section 438, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Bail - Record shows that till date, warrant whether bailable or non-bailable, has not been issued, therefore, merely issuance of summon by order against the applicant would not come within the premises of apprehension of being arrested by the police - Appeal dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Second bail application - Cannot be considered on the very same facts which were available to accused when earlier bail application was considered...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Directions issued: (i) No trial Court or any of High Courts shall pass any order of grant of regular bail or anticipatory bail on any undertaking that accused might be ready to furnish for the purpose of obtaining appropriate reliefs; (ii) High Courts as well as trial Courts shall decide..........
Indian Penal Code, 1860, Section 304B, 498A -- Bail - There is prima facie disclose ingredients attracting the offence alleged - The right of the victim, especially a young woman who died while allegedly being harassed for dowry, and who was three months pregnant, must be given due regard - Her voice, now silenced forever, can only be heard through the evidence brought..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 187(3)(i), Bharatiya Nyaya Sanhita, 2023, Section 310(2) -- Default bail - Dacoity - When offence of dacoity, which is punishable with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, is under investigation, right to statutory bail arises as per S.187(3)(i) BNSS on completion of..........
