Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376, Protection of Children from Sexual Offences Act, 2012, Section 6 -- Bail - Rape - Investigation of case is complete and challan stands presented - Custody of accused is not at all required by police - Statement of prosecutrix has been recorded by trial Court - Accused is neither in a position..........
Hindu Marriage Act, 1955, Section 24 -- Maintenance pendente lite - Wife is living with her widowed mother after being forcibly evicted from her matrimonial house - No evidence on record to show that wife was ever employed or at present she has any job in her hand - Husband is earning Rs.58,000/- pm - Even, if husband were to lose job, even then he is legally duty bound to..........
Indian Penal Code, 1860, Section 302, Evidence Act, 1872, Section 27 -- Murder - Disclosure statement - Recovery of weapon of offence - Recovery witnesses have turned hostile and did not support prosecution case - Weapon of offence though recovered stained with blood but no opinion was given regarding existence of human blood on it or that blood of human origin of group..........
Hindu Marriage Act, 1955, Section 13(1)(ia) -- Divorce - Petition by wife - Wife has given evidence regarding cruelty and ill-treatment caused by husband - However, husband is absent and has not contested the case before Family Court and has not questioned factual matrix stated by wife and evidences adduced before Family Court - Evidence of wife remained unchallenged -..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8, 20 -- Bail - Recovery of 950 gms charas - Accused is not having any criminal history - Keeping in view facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 20, Criminal Procedure Code, 1973, Section 439 -- Recovery of 120 gms Alprazolam - Bail - Recovery effected from possession of accused is slightly more than commercial quantity - Accused is not having any criminal history - He is in jail since 6.2.2021 - There is no likelihood of early conclusion of trial..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, U.P.Excise Act, 1910, Section 63 -- Bail - Illegal transportation of 1100 boxes of liquor - Accused is driver of truck - Taking into account facts and circumstances of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence..........
Protection of Women From Domestic Violence Act, 2005, Section 12 -- Interim maintenance - Petitioner and respondent are residing together for last 5 years in a live-in-relationship and are now getting married to each other - Materials in the form of photographs and other documents showing that they have married each other, is produced - School records of child shows that..........
Evidence Act, 1872, Section 154 -- Hostile witness - If a witness is not declared hostile by prosecution, benefit of such evidence should go to accused and not to prosecution...........
Evidence Act, 1872, Section 32 -- Oral dying declaration - Conviction can be recorded solely on the basis of a dying declaration or even on basis of an oral dying declaration - However, such dying declaration should be free from any doubt and must pass scrutiny of reliability...........
