Criminal Procedure Code, 1973, Section 439, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2)(v) -- Bail - Offence u/s 3(2)(v) of SC/ST Act - Contents of FIR would show that it is a case based on suspicion - What is evidence that has been collected to connect crime to accused is required to be considered - Extra judicial confession is..........
Criminal Procedure Code, 1973, Section 216 -- Charge - Court cannot delete charge framed by it - However, Court can only alter to a charge or to add to a charge which is already framed...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376 -- Anticipatory bail - Rape - Accused and victim both adult and acquainted with each other - Whatsapp messages prima facie indicate that victim was in constant touch with accused not only after the alleged incident but even after lodging FIR - Prima facie relationship appears to be consensual..........
Criminal Procedure Code, 1973, Section 439(2), 436 -- Cancellation of bail - Bail granted u/s 436 Cr.P.C. can only be cancelled u/s 439(2) Cr.P.C. which mandates that bail can be cancelled either by High Court or Court of Sessions - Order cancelling bail passed by Magistrate, set aside...........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 20(b)(ii)(c), 8(c), 37, Criminal Procedure Code, 1973, Section 439 -- Recovery of Ganja - Commercial quantity - Samples taken at the spot sent for Chemical Analysis but sample taken before Magistrate not sent for Chemical Analysis - Accused has made out case for bail - Contraband seized is commercial quantity..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Apprehension of prosecution that accused may influence witnesses - Concern of prosecution can be taken care of by directing accused not to make any attempt to influence the witnesses...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Most of the evidence documentary evidence which are already in possession of Investing Agency - Further charge sheet has been filed - Accused is entitled for bail...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Detailed elaboration of evidence has to be avoided at the stage of consideration of bail application...........
Criminal Procedure Code, 1973, Section 439 -- Bail - Factors for consideration for grant of bail are : (i) prima facie case (ii) possibility of accused tampering with the evidence or influencing the witnesses, and (iii) the possibility of accused fleeing away from the hands of justice - Gravity and seriousness of offence is another factor that has to be taken into..........
Criminal Procedure Code, 1973, Section 439 -- Bail - Merely because accused had not filed the petition for quashing u/s 482 Cr.P.C or Arts.226, 32 of Constitution, it cannot be said that no application for bail at pre-trial stage could be entertained...........
