Indian Penal Code, 1860, Section 354A, 354, 323, 452, 506, Criminal Procedure Code, 1973, Section 439 -- Bail - Outraging modesty of woman - Accused already suffered jail incarceration for more than 2 months - Investigation is complete and challan has been filed - Accused is no more required for further custodial interrogation - Bail granted to accused with conditions...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 307, 147, 148, 149 -- Bail - Murder case - Taking into account the facts and circumstance of case, nature of evidence, period of detention already undergone, unlikelihood of early conclusion of trial and also absence of any convincing material to indicate possibility of tampering with..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 376, Protection of Children from Sexual Offences Act, 2012, Section 4 -- Bail - Kidnapping and rape - Petitioner is 24 years old and he is a permanent resident of District concerned and neither in a position to flee from justice nor in a position to tamper with prosecution evidence -..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22, 29, 61, 85, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 209 capsules weighted 125.72 gms - Recovery did not take place directly from petitioner - Main accused from whom police had recovered the capsules for which petitioner stands arraigned as co-accused already released on bail - Merely..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 18, 20, 29 -- Bail - Transportation of charas and opium - Without commenting on merits of evidence collected so far, fact that initial interception of petitioner appears to be not above board, coupled with the fact that confession against co-accused is inadmissible,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 341, 427, 109, 201, 202, 34, 120B -- Bail - Attempt to murder - Complainant alleges that all accused made an attempt to cause grievous injury to driver/complainant as well as occupant of car - What prevented police to get identification parade done immediately after arrest of accused, not..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, 504, 506, 120B -- Bail - Cheating - Dispute regarding non-payment of amount for purchase of 11 trucks of apple boxes by petitioner - However, petitioner contended that entire payment falling to share of petitioner stands remitted into bank account of complainant - Petitioner is behind..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21, 29, 37, Criminal Procedure Code, 1973, Section 439 -- Bail - Recovery of 5.45 gms heroin - Petitioners were habitual consumers of heroin for past about 4-5 months and not drug peddlers - Investigation of case is almost complete - No criminal antecedent of bail petitioners reflected in status report -..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 353, 143, 147, 149, 506, 188 -- Anticipatory bail - Illegal extraction of sand - Accused reached on the spot at later stage - Though act of accused to reach on the spot in late hours may be sufficient to draw some nexus between accused and persons actually indulging in act of extraction of sand -..........
Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(i)(s), 3(2)(va) -- Bail - Offence u/ss 3(i)(s), 3(2)(va) of SC/ST Act - Petitioner has no criminal history - Custodial interrogation of petitioner is not going to serve any purpose - Moreover, Courts cannot be mute spectators, even when from..........
