Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Application filed after four years of filing FIR - Fact that petitioner was not arrested for four years by itself was a good ground for High Court to exercise its discretion and order grant of anticipatory bail - While considering plea for anticipatory bail why should High Court ask a question to..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Mere non recovery of some stolen money cannot by itself be a ground for denial of bail...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Non-cooperation with investigation by petitioner - Behaviour attributed to petitioner cannot be considered as an instance of non-cooperation, justifying denial for grant of pre-arrest bail, since an accused while joining investigation is not expected to make self incriminating statement under..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Appellant implicated on the basis of confessional statement of co-accused - He joined the investigation - Merely because nothing incriminating could be discovered would not mean that there is non co-operation on the part of accused - Otherwise also, in the Counter Affidavit, it is not stated that..........
Bharatiya Nyaya Sanhita, 2023, Section 108, Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Abetment of suicide - Anticipatory Bail - Husband committed suicide in 2025, but accused wife had been living separately since 2022 - Accused had also filed complaint against husband in 2024 alleging he threatened to commit suicide if she did not return - Even, FIR is..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - It is not necessary for an accused to approach Sessions Court in the first instance, as a rule, before approaching High Court...........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482 -- Anticipatory bail - Seeking anticipatory bail from High Court, in the first instance - Since High Court did not apply its mind to determine as to whether the case in hand warranted exercise of jurisdiction by it in the first instance without relegating accused to Sessions Court as such impugned order set aside and..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 482, Bharatiya Nyaya Sanhita, 2023, Section 78, 221, 224, 351(2) -- Anticipatory bail - Stalking - Allegations in complaint do not show that petitioner had followed wife of informant and contacted her to foster personal interaction - Only allegation is that petitioner had taken photographs of victim - Prima facie, these..........
Criminal Procedure Code, 1973, Section 438 -- Anticipatory bail - Granted with condition that appellant resumes conjugal life with his wife and maintains her with dignity and honour as his lawful wife - High Court should have considered the prayer of appellant for pre-arrest bail entirely on its own merit instead of imposing a condition which is not traceable to S.438(2)..........
Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483, 482 -- Bail/anticipatory bail - Court not to grant regular bail or anticipatory bail on the basis of any accused or his/her family members giving an undertaking to deposit a particular amount - Plea to be decided strictly on merits in accordance with law - High Courts or trial Courts directed not to pass a conditional..........
