Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Murder - Petitioners are additional accused who have been summoned u/s 358 BNSS - They are not required for the purpose of investigation and they intend to surrender and join the proceedings before trial Court - Petitioners do not intend to defy law and ready to face trial and their plea for..........
Juvenile Justice (Care and Protection of Children) Act, 2015 -- Bail - Juvenile in conflict with law - Murder case - Appellant is a poor person - He and his father both are labourers - Case of appellant does not fall in S.12 Proviso of the Act - Best interest of appellant would be served if he is given to custody of his father - Bail granted...........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 302 -- Anticipatory bail - Setting aside order - Murder - Specific averments in FIR against all accused persons including respondents that all of them had set deceased on fire with an intention to kill him - High Court has erred in granting relief in a cryptic and mechanical manner without..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 323 -- Bail - Murder of wife and minor daughter - Prima facie allegations against petitioner are grave and serious - Allegedly petitioner brutally assaulted his wife with a grinding stone following a demand for money and in a further act of cruelty lifted his minor daughter by her..........
Criminal Procedure Code, 1973, Section 313 -- Examination of accused u/s 313 Cr.P.C - Rape and murder of 10 years old girl - Material circumstances appearing in evidence against appellant have not been put to him - Version of main PWs was not put to him - However, since date of occurrence is of the year 2009 and incident is fifteen and a half years old, after such a long..........
Criminal Procedure Code, 1973, Section 167(2)(a)(i), Indian Penal Code, 1860, Section 302, Arms Act, 1959, Section 3, 25, 27 -- Default bail - Murder - Non-filing of ballistic report along with charge sheet - Neither amounts to filing of incomplete charge sheet nor fatal to prosecution case if ocular testimony is found to be credible and cogent - Application rightly..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, Indian Penal Code, 1860, Section 302, 354, 114, 34, Arms Act, 1959, Section 25 -- Fourth bail application - Murder - Earlier bail applications were dismissed as withdrawn - All the private PWs stand examined after dismissal of last bail petition - Petitioner has suffered incarceration for about 2 years 7 months and 20..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 449, 34, Arms Act, 1959, Section 25, 27, 3 -- Bail - Murder - No individual was named in FIR, nor was their identity disclosed - Accused had covered their faces with cloth - Complainant did not express suspicion against any individual nor did he mention any enmity or rivalry with anyone in..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302, 34, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Section 3(2), (5), (6) -- Bail - Murder - Appellant though named in the charge sheet but he is not named originally in the FIR - He is in jail since 1.8.2023 - Although, there are only 11 witnesses to be examined,..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 302 -- Bail - Murder - Manner in which petitioner, while wearing safety shoes, delivered kicks to deceased's stomach and private parts prima facie demonstrates his intent to cause his death - Safety shoes, when used as a weapon, can significantly increase the potential for inflicting serious or..........
