Indian Penal Code, 1860, Section 302, 323, 324, 34 -- Murder - Common intention - Accused was not attributed presence and participation in quarrel and scuffle between co-accused and deceased as per eye witness version - Even, it cannot be said with certainty that accused shared common intention with co-accused to commit murder of deceased or accused had done something `in..........
Indian Penal Code, 1860, Section 452, 342, 436, 307, 506, 201, 34 -- Offence u/ss 452, 342, 436, 307, 506, 201, 34 IPC - Bail - Both the accused seen in CCTV camera - However, report of FSL, if perused, clearly reveals that nothing substantial could be seen in the CCTV camera - Moreover, motive attributed to accused is too bleak to conclude complicity of accused in the..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406 -- Bail - Cheating - Main accused have been granted bail - Bail granted to accused...........
Juvenile Justice (Care and Protection of Children) Act, 2015, Section 12, Indian Penal Code, 1860, Section 363, 376D, 302, 201, Protection of Children from Sexual Offences Act, 2012, Section 4, 6, 8, 10 -- Bail - Juvenile - Kidnapping, rape and murder - Case was initially lodged against unknown persons - None had seen petitioner and his associate taking away victim -..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 363, 366, 376(2)(n) -- Bail - Kidnapping and rape - Live-in-relationship between parties - Both the parties are actually in their mid to late 30s - Only allegation of prosecutrix is that accused continued to have physical relationship with her on pretext of marriage - Bail granted to accused...........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 307, 324, 341 -- Bail - Appeal against order granting bail - Offence u/ss 307, 324, 341 IPC - Bail granted to accused on the ground that is in custody for about 75 days without even considering materials on record which prima facie made out reasonable grounds to believe that accused had committed..........
Indian Penal Code, 1860, Section 344, 366 -- Offence u/ss 344, 366 IPC - Reduction of sentence - Main accusation was against co-accused - Co-accused was in love with victim - Alleged incident is of year 2014 - Accused have already served sentence of about three months and paid fine amount - They specifically pleaded that there is no one to take care of their minor son and..........
Criminal Procedure Code, 1973, Section 439, Indian Penal Code, 1860, Section 420, 406, Negotiable Instruments Act, 1881, Section 138 -- Interim bail - Cheating - Dishonour of cheque - Accused named as accused in offence u/ss 420, 406 IPC and S.138 of N.I. Act - Trial of case likely to take some time - Accused undertakes to extend full cooperation to trial Court for early..........
Criminal Procedure Code, 1973, Section 438, Indian Penal Code, 1860, Section 452, 354A, 323, 506 -- Anticipatory bail - Granted with conditions - Offence u/ss 452, 354-A, 323, 506 IPC - Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate - Granting bail, subject to said condition renders Courts susceptible to charge of..........
Indian Penal Code, 1860, Section 376 -- Rape - Testimony of prosecutrix - Prosecutrix stated that she was raped by accused on rough surface - However, said fact is belied by Doctor who examined her, as she did not notice even a single abrasion on person of prosecutrix - Claim of prosecutrix that her bangles were broken at the scene of offence not supported by spot..........
