Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 376(2)(n), 306, 34, Protection of Children from Sexual Offences Act, 2012, Section 4, 6 -- Bail - Rape - Challan was presented - Total 22 PWs have been cited and culmination of trial will take its own time - Rival contentions as to whether petitioner has been falsely implicated as also the..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Allegations as levelled in the FIR are lacking on the point of showing that there was any abetment on the part of accused in the form of instigation, conspiracy or intentional aid as provided u/s 107 IPC - No purpose would be served by detaining..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306, 506 -- Anticipatory bail - Abetment of suicide - Earlier protection from arrest was granted till submission of police report - Now charge sheet has been filed - Nothing to suggest that accused has not cooperated in the investigation - Anticipatory bail application allowed...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 498A -- Bail - Abetment of suicide - Extra martial affair of husband was disclosed to wife on the first day of marriage - Discovering infidelity shortly after marriage can have profound and devastating effects on the mental and emotional well being of deceased/wife - Deceased had committed..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - Suicide note of 11 pages describes in sequence all facts and circumstances - Suicide note gives an impression that deceased was being harassed by accused and he felt insulted and frustrated to such an extent that he was forced to take such extreme..........
Criminal Procedure Code, 1973, Section 438, 82, Indian Penal Code, 1860, Section 306 -- Anticipatory bail - Abetment of suicide - A person against whom a warrant is issued and is absconding or concealing himself in order to avoid execution of warrants and proceedings u/s 82 Cr.P.C. initiated against him, is not entitled to relief of anticipatory bail...........
Indian Penal Code, 1860, Section 304B, 306, 498A, Dowry Prohibition Act, 1961, Section 3, 4 -- Offence u/ss 304B, 306, 498A IPC and Ss.3, 4 Dowry Prohibition Act - Suspension of a sentence - Held, while considering an application for suspension of sentence and to release the accused on bail it will notice the gravity of the offense, and its social impact - Similarly,..........
Indian Penal Code, 1860, Section 306 -- Bail - Abetment of suicide - As per allegations made by complainant in FIR, he is paramour of deceased-wife of complainant - However, there is nothing on record showing that petitioner has any criminal antecedents - Out of 12 prosecution witnesses 2 material witnesses including complainant already stands examined and possibility of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 147, 148, 149, 352, 323, 306, 504, 506 -- Anticipatory bail - Offence u/ss 147, 148, 149, 352, 323, 306, 504 & 506 IPC - Grant of anticipatory bail in a heinous case on the basis of CCTV footage produced by accused, without any kind of certification and/or authentication, ignoring the materials on..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 306, 205, 34 -- Bail - Abetment of suicide - Accused has been in custody since 28.11.2021 - Challan has already been presented and there are 26 witnesses and none of them have been examined - Trial of case is thus, likely to take time - Accused is not involved in any other case - He is sole..........
