Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Jurisdiction of a Court while considering bail is confined to assess whether accused should be released pending investigation or trial and to impose conditions to ensure fair investigation or trial and as such it does not extend to adjudicate in civil rights or directing recovery of alleged dues...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Jurisdiction of Court while granting bail is not to decide civil rights or disputes or impose conditions which virtually grant the final civil relief which complainant may be urging - Such conditions would be alien to bail provisions...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - Granted with condition directing sale of immovable property of accused - Neither BNSS or Cr.P.C. enables a Court at the stage of bail or investigation to direct sale of immovable property belonging to accused for settlement of alleged claims...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Pre-arrest bail cannot be granted as a matter of course - Power u/s 438 Cr.P.C. (S.482 BNSS) could be exercised only when a special case is made out that too after recording reasons thereof...........
Criminal Procedure Code, 1973, Section 438 -- (Bharatiya Nagarik Suraksha Sanhita, 2023, S.482) - Anticipatory bail - Mere fact that an accused was in a foreign country when an application for pre-arrest bail u/s 438 Cr.P.C. was filed, does not make application not maintainable...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 94 -- Juvenile - Determination of age - Two documents regarding date of birth of applicant already on record - He was below 16 years of age at the time of alleged incident as per said documents - There was thus, no occasion for JJ Board to direct an ossification test for determination of age of applicant..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Interim protection has already been granted to applicants in an order passed u/s 528 BNSS - There is thus, no apprehension of arrest of applicants - Anticipatory bail application, rejected - However, Rs.20,000 imposed on counsel for applicants, as he makes an attempt to deceive the Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Bharatiya Nyaya Sanhita, 2023, Section 137(2), 64(1), Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Alleged incident occurred against consent of victim - It is not a fit case to grant bail to accused at this stage - Bail application dismissed...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 47, 48, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Specific grounds and reasons for arrest were communicated to both applicant and his relative - Although separate grounds for arrest were provided to each, there was no mention of quantity of contraband seized from..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Indian Penal Code, 1860, Section 420, 406 -- Anticipatory bail - Cheating - Complainant himself requested for referral of dispute to meditation and even participated in the process - No objection was taken from prosecution side for said referral - Even more than 50% of settled amount has been paid back by accused to..........
