Criminal Procedure Code, 1973, Section 438 -- Second anticipatory bail application - A material change in fact situation or law is sine qua non for a second application for pre-arrest bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 354, 511 -- Second anticipatory bail application - Rape - Accusation made against accused is very serious in nature and it prima facie shows a pre-mediated criminal act on his part - There is no change in any of the circumstances - Fact that victim and her husband has filed certain complaints..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - A person in judicial or police custody in some other offence - No bar in entertaining and deciding an application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 419, 420, 467, 468, 471 -- Anticipatory bail - Cheating - Charge sheet has been filed without arrest of accused - Interim protection was granted to accused and there are no allegations that during period of interim protection she ever tried to influence the witnesses or temper with evidence - Bail..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Suppression of material fact that in an earlier anticipatory bail application High Court has given liberty to file regular bail application - Present anticipatory bail application dismissed as legally not maintainable which is moved with suppression of material facts...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - On parity basis - Parity is a relevant consideration while granting bail to persons accused of similar charges but principle of parity is not attracted for rejection of bail applications...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Dismissal of application of accused u/s 482 Cr.P.C would not be a bar against consideration of merits of his application for anticipatory bail...........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Cheating - Mere non-payment of money paid under a contract cannot be a ground for initiation of criminal proceedings and it certainly cannot be a ground for rejection of application for grant of anticipatory bail...........
Criminal Procedure Code, 1973, Section 438, 439 -- Bail - Paramount consideration in cases where bail or anticipatory bail is claimed are the nature and gravity of offence propensity or ability of accused to influence evidence during investigation or interfere with trial process by threatening or otherwise trying to influence the witnesses, likelihood of accused to flee..........
Criminal Procedure Code, 1973, Section 438, 439 -- Anticipatory bail - Investigation was completed and charge sheet was filed after granting of anticipatory bail to accused - Accused cooperated with investigation both before when no protection was granted to him till filing of charge sheet - Impugned order of High Court rejecting bail and directing accused to surrender and..........
