Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Recovery effected from a transparent polythene bag, which petitioner was having - Plea of false implication was taken by accused on the ground that no sensible person would carry contraband in a transparent bag - Mere fact that contraband..........
Criminal Procedure Code, 1973, Section 439, Narcotic Drugs and Psychotropic Substances Act, 1985, Section 22(c) -- Bail - Contraband - Petitioner has been apprehended with a commercial quantity of contraband - Hence, rigors of S.37 of NDPS Act would certainly apply to him as there is nothing on record to show that he did not commit subject offence or would not commit..........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere disagreement with grant of bail or reiteration of seriousness of offence does not suffice for cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Bail once granted should not be cancelled in absence of supervening circumstances such as: (a) Misuse of liberty granted; (b) Attempts to tamper with evidence; (c) Threatening or intimidating witnesses; (d) Absconding or evading legal process; or (e) Committing similar offences while on bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Mere assertion that trial Court ought to have taken a different view does not by itself justify cancellation of bail...........
Criminal Procedure Code, 1973, Section 439(2) -- Cancellation of bail - Once bail has been granted by a competent Court, its cancellation must be premised on substantial and compelling reasons...........
Criminal Procedure Code, 1973, Section 439(2), Indian Penal Code, 1860, Section 307, 323, 506, 34 -- Cancellation of bail - Attempt to murder - No material to show that accused has attempted to interfere with trial, threaten complainant or committed any subsequent offence - Mere assertion that trial Court ought to have taken a different view does not by itself, justify..........
Criminal Procedure Code, 1973, Section 439, Protection of Children from Sexual Offences Act, 2012, Section 7, 8, 9(m), 10, 11(iii), 12 -- Bail - Sexual assault - Allegation made in FIR and from statement of survivor herself shows that allegations are serious in nature - Case against accused persons is under trial - There are 7 PWs to be examined - Survivor being one of..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483 -- Bail - At the stage of bail, Court is not to undertake a detailed evaluation of evidence or return conclusive findings - However, a prima facie assessment is warranted to determine whether continued incarceration is justified...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 304B, 498A, 306, 35 -- Bail - Dowry death - Deceased died under unnatural circumstances within approximately five years of her marriage - Allegations of dowry harassment are specifically tied to claim that applicant pressurized deceased to arrange funds for the payment of car..........
