Indian Penal Code, 1860, Section 506, 221, 120B -- Criminal intimidation - Allegation that accused who were facing trial for the murder of father of complainant and in the custody of constable, came to the residence of complainant and criminally intimidated him that in case he deposed anything against accused he would be eliminated - However, question remained unanswered..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 294, 504, 506, 354A, 354D -- Anticipatory bail - Offence u/ss 294, 504, 506, 354-A, 354-D IPC - Version as set forth by complainant prima facie belied by report of FSL - There is no likelihood of accused fleeing from justice - Anticipatory bail granted...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 366, 376d, 506, 201 -- Bail - Kidnapping and rape - Physiological report of prosecutrix found to be indicative of border line mental retardation followed by 25% intellectual impairment - It made the prosecutrix although more vulnerable and a soft target - More so, prosecutrix was living with her..........
Protection of Children from Sexual Offences Act, 2012, Section 6, Indian Penal Code, 1860, Section 506 -- Bail - Special Court has been singularly vested with all powers to try an offence under POCSO Act and to entertain and consider application for bail filed by accused and to deal with any incidental matter thereto including the power of detention and remand of accused -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 342, 354(A), 376, 120B, 506, 509, 34, Juvenile Justice (Care and Protection of Children) Act, 2000, Section 23, Protection of Children from Sexual Offences Act, 2012, Section 8 -- Bail - Wrongful confinement, criminal intimidation and sexual offences - Investigation is complete - Challan already..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 307, 341, 323, 506 -- Anticipatory Bail - Petitioner granted bail earlier but offence u/s 307 IPC added later on - In MLR alleged history of injuries given as road side accident - As per FIR injuries given by knife and also with broken bottle - On the same facts petitioner was earlier arrested and..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 376, 420, 506, 34 -- Anticipatory Bail - Rape - Delay of 28 days in lodging FIR - Material produced by prosecution, does not prima facie show the commission of alleged offence by petitioner - Medical report mentioned external injuries like nail scratch abrasions but those abrasion were less than..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Economic offences constitute a class apart and need to be visited with a..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 465, 467, 461, 406, 411, 420, 506, 120B, 34, Prevention of Money Laundering Act, 2002, Section 4 -- Bail - Offence u/ss 465, 467, 461, 406, 411, 420, 506, 120-B, 34 IPC & S.4 Prevention of Money Laundering Act, 2002 - Second bail application - Plea that charge sheet has been filed - Collection of..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 420, 447, 467, 468, 471, 506, 120B -- Cheating & forgery - Anticipatory bail - Petitioner has already joined investigation - He is no longer required for further interrogation - There is no history of his previous involvement in any other criminal case - Held, interim bail already granted made..........
